Unpublished Disposition, 855 F.2d 862 (9th Cir. 1988)

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US Court of Appeals for the Ninth Circuit - 855 F.2d 862 (9th Cir. 1988)

Michael ROMBERG; Debra Romberg, Plaintiffs-Appellants,v.Robert NICHOLS; Dennis Lazzari; Adolf Lloyd; BenitoJurado; Caligula Laing; Draco Cambieu; JesabelHannon; County of Los Angeles,Defendants- Appellees.

No. 87-6724.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted Aug. 1, 1988.Decided Aug. 16, 1988.

Before WALLACE, FARRIS and WIGGINS, Circuit Judges.


MEMORANDUM

The issue before us is whether the district court erred in its award of $5,000.00 attorney's fees to a prevailing civil rights plaintiff pursuant to 42 U.S.C. § 1988 when a claim is made for fees of $45,000.00.

The district judge did not, in his order, set a lodestar figure, see Hensley v. Eckerhart, 461 U.S. 424, 433-34 (1982), nor identify the amount of reduction pursuant to an analysis of factors identified in Kerr v. Screen Actors Guild, Inc., 526 F.2d 67, 69-70 (9th Cir. 1975), cert. denied, 425 U.S. 951 (1976). We are, therefore, unable to review the order.

We vacate and remand for the district court to issue a new order. We express no view as to whether the fee set by the district court was inadequate.

VACATED AND REMANDED.

Note: This disposition is not appropriate for publication and may not be cited to or by the Courts of this Circuit except as provided by Ninth Circuit Rule 36-3.

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