935 F2d 277 Utu Rd v. Falk S II
935 F.2d 277
Unpublished Disposition
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
Lepo UTU, Demont R.D. Conner, Schuyler Decairnes, Terry
Turner, and Aaron Weissman, Plaintiffs-Appellees,
v.
Harold FALK, Director of the the Department of Corrections,
Theodore Sakai, Corrections Division Administrator, William
Oku, Halawa Facility Administrator, Laurence S. Shohet,
Corrections Supervisor II, State of Hawaii, Defendants-Appellants.
No. 90-15277.
United States Court of Appeals, Ninth Circuit.
Submitted June 11, 1991.*
Decided June 13, 1991.
Before BEEZER, NOONAN and FERNANDEZ, Circuit Judges.
ORDER**
This appeal is dismissed for lack of jurisdiction. The order awarding attorneys' fees is not a final order appealable under 28 U.S.C. Sec. 1291 and is not appealable under the collateral order doctrine. Rosenfeld v. United States, 859 F.2d 717 (9th Cir.1988); Hillery v. Rushen, 702 F.2d 848 (9th Cir.1983).
Appellees are not prevailing parties in the sense intended by 28 U.S.C. Sec. 1988. See Hanrahan v. Hampton, 446 U.S. 754, 756-59 (1980). Their request for attorneys' fees is denied.