Frank Zerega, Plaintiff-appellant, v. City of Monterey Park, a Municipal Corporation Organizedunder the Laws of the State of California; Unknown Danielcross, Chief of Police; Unknown Poore, Police Officer;unknown Torres, Police Officer; Unknown Fuhman, Policeofficer; J & M Towing Services, Defendants-appellees, 76 F.3d 391 (9th Cir. 1996)

MEMORANDUM^** 

We affirm the district court's dismissal with prejudice of Frank Zerega's 42 U.S.C. § 1983 action in light of Zerega's failure to file an amended complaint within the time prescribed by the district court. See Fed. R. Civ. P. 41(b); Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir.), cert. denied, 113 S. Ct. 321 (1992).

Because Zerega's appeal is frivolous, we grant the City of Monterey Park's motion for attorneys' fees on appeal pursuant to 42 U.S.C. § 1988. See Franceschi v. Schwartz, 57 F.3d 828, 832 (9th Cir. 1995). We do not address the City's request for an award of attorneys' fees pursuant to Fed. R. App. P. 38 because the City has not brought such a request in a separately filed motion.

The judgment of the district court dismissing the action is AFFIRMED. We award attorneys' fees to the City of Monterey Park on appeal and REMAND to the district court for determination of the amount.