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February 1, 1996
[NOT FOR PUBLICATION]
____________________
No. 95-1852
RODOLFO A. VARGAS,
Plaintiff, Appellant,
v.
Defendant, Appellee.
____________________
____________________
Before
____________________
____________________
____________________
Per Curiam.
___________
Vargas brought
In
1994, plaintiff/appellant
suit alleging
that,
Rodolfo A.
while employed
at
the
because of
VII of the
seq.
___
bench
trial
and affirmed
entering judgment,
the
to 42
U.S.C.
prevailing
entitled
to
fees
of 1964, 42
by
this
court.
for
2000e-5(k).
of Title
2000e
et
__
a three day
Subsequent
to
the motion of
fees
Vargas'
and
costs,
appeals the
We affirm.
defendant
and
attorneys'
costs
in
only
civil
if
establish that
frivolous,
otherwise unreasonable."
or
U.S.C.
defendant/appellee
purusant
both in violation
rights
the
case
defendant
is
can
and thus
in
the
best position
shifting is warranted, we
in a civil
Marie,
_____
rights case
38 F.3d
to
determine
Cir. 1991),
whether
at 618.
Nonetheless,
concrete
findings of fact be
supply a
clear explanation
of
and costs
of discretion,
we do
the reasons
fee
Case
____
require "that
undergirding
must not
Charves
_______
of attorney's fees to a
be oblivious of a
prevailing defendant
711 F.2d
462, 465
In
the instant
case,
the district
court conducted
careful
review
plaintiff and
factual
of all
the
treatment
put
discriminated
evidence
against
the
discriminatory
that the
the Plaintiff
Plaintiff
received
animus because
of his
forward
by
the
was "absolutely no
Defendant intentionally
or
to
was
find that
based
race."
any
on
some
We find
the
reasons given by the district court for its fee shifting both
clear and
firmly supported by
the record.
Moreover, after
opportunities to
limited ability to
the
court
with
any
documentation
as
to
his
financial
condition.
his
financial
complain
condition,
plaintiff
that condition.
Finally, we
cannot
be
heard
to
in light of
find no support
-3-
in the record
for Vargas'
____________________
Fed.
______
-4-