Robert Cervantes, Plaintiff-appellee, v. City of Los Angeles; James Hagerty; Donald Brady,defendants-appellants, 15 F.3d 1083 (9th Cir. 1994)

ORDER

We have no jurisdiction over the appeal on the merits, No. 92-55742, as the notice of appeal was untimely. The notation on the docket sufficiently demonstrated the date upon which entry was made and complied with Fed. R. Civ. P. 79(a). See Beaudry Motor Co. v. Abko Properties, Inc., 780 F.2d 751, 754-55 (9th Cir.), cert. denied, 479 U.S. 825 (1986). The appeal is dismissed.

We remand the attorney's fee decision in No. 92-55966 to the district court for reconsideration in light of City of Burlington v. Dague, 112 S. Ct. 2638, 120 L. Ed. 2d 449, 456-57, 459 (1992), which rejects contingency as a factor relevant to establishing a fee under 42 U.S.C. § 1988.

DISMISSED.