Hawthorne v. Mendoza-Power et al

Filing 118

ORDER DENYING 91 Plaintiff's Motion for Reconsideration signed by Magistrate Judge Dennis L. Beck on 7/31/2012. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RALPH KELLY HAWTHORNE, JR.,

CASE NO. 1:07-cv-01101-LJO-DLB PC

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ORDER DENYING PLAINTIFF’S
MOTION

Plaintiff,
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v.
(ECF No. 91)
KATHY MENDOZA-POWER, et al.,
Defendants.

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Plaintiff Ralph Kelly Hawthorne, Jr., (“Plaintiff”) is a prisoner in the custody of the

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California Department of Corrections and Rehabilitation (“CDCR”). Plaintiff is proceeding pro

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se in this civil action pursuant to 42 U.S.C. § 1983. On March 4, 2010, judgment was entered in

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favor of Defendants Kathy Mendoza-Power and K. Henry and against Plaintiff. On March 15,

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2010, Plaintiff appealed the judgment. On August 17, 2011, the United States Court of Appeals

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for the Ninth Circuit reversed and remanded. Pending before the Court is Plaintiff’s motion,

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filed October 31, 2011, for reconsideration. ECF No. 91. However, Plaintiff does not seek

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reconsideration of any specific court order, but moves for an extension of time to complete

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Plaintiff’s application for bill of costs to the Ninth Circuit.

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For the following reasons, Plaintiff’s motion is denied. First, the application is to be filed

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with the circuit clerk, not the district court. Second, in the order reversing the judgment, the

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Ninth Circuit specifically stated, “The parties shall bear their own costs on appeal.” Thus, it

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appears that Plaintiff is precluded from receiving costs, even though he was successful in his

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appeal.
Accordingly, it is HEREBY ORDERED that Plaintiff’s motion, filed October 31, 2011, is

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denied.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

July 31, 2012

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UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

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L. Beck

3b142a

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