R.s., Plaintiff-appellant, v. Berkeley Unified School District, Defendant-appellee, 5 F.3d 539 (9th Cir. 1993)

Appeal from the United States District Court, for the Northern District of California, D.C. No. CV-91-00598-MHP; Marilyn H. Patel, District Judge, Presiding.

N.D. Cal.

AFFIRMED.

Before: POOLE and FERNANDEZ, Circuit Judges, and KELLEHER, Senior District Judge.^* 

MEMORANDUM^** 

R.S. appeals the summary judgment entered by the district court denying her attorney's fees pursuant to the All Handicapped Children Protection Act of 1986, 20 U.S.C. § 1415(e) (4) (B). R.S. contends that she is entitled to attorney's fees because she is a "prevailing party."

We have carefully reviewed the record and the district court's decision, and we affirm for the reasons set forth in the district court's order of November 22, 1991. R.S.'s request for attorney's fees on appeal is denied.

The file in this case is ordered sealed and R.S. is authorized to proceed under a fictitious name.

AFFIRMED.