Pete Olaranont, Plaintiff-appellant, v. Mcdonnell Douglas Corporation, Defendant-appellee, 125 F.3d 858 (9th Cir. 1997)

MEMORANDUM^* 

In a prior memorandum disposition on the same case, this court affirmed the district court's dismissal of Pete Olaranont's complaint with prejudice for failure to prosecute and requested supplemental briefs from both parties on the district court's award of attorney fees.

The court finds that it lacks jurisdiction to review the district court's fee award. Olaranont's notice of appeal, timely filed after the district court's judgment for failure to prosecute but before the determination of the fee amount, pertains only to the former issue. See Intel Corp. v. Terabyte Int'l, Inc., 6 F.3d 614, 617 (9th Cir. 1993). Moreover, even if the court were to consider Olaranont's brief the functional equivalent of a notice of appeal of the fee determination, see id. at 618, the brief does not comply with the thirty day period for filing an appeal required under Fed. R. App. P. 4(a). This time period is mandatory and jurisdictional, leaving the court no discretion to review the fee award. Bird v. Reese, 875 F.2d 256, 257 (9th Cir. 1989).

Thus, the district court's award of attorney's fees is affirmed. Appellee's request for attorney's fees on appeal under Cal. Gov't Code § 12965 is denied. The judgment of the district court is AFFIRMED.