Foster v. Enenmoh et al

Filing 65

ORDER Providing Plaintiff With Final Opportunity to Set Forth Reasonable Expenses Incurred in Bringing Motion to Compel 63 , 64 , signed by Magistrate Judge Sheila K. Oberto on 4/24/12. Thirty-Day Deadline. (Gonzalez, R)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 MICHAEL LOUIS FOSTER, 10 CASE NO. 1:08-cv-01849-LJO-SKO PC Plaintiff, 11 v. 12 ORDER PROVIDING PLAINTIFF WITH FINAL OPPORTUNITY TO SET FORTH REASONABLE EXPENSES INCURRED IN BRINGING MOTION TO COMPEL A. ENENMOH, (Docs. 63 and 64) 13 Defendant. THIRTY-DAY DEADLINE 14 / 15 Plaintiff Michael Louis Foster, a state prisoner proceeding pro se and in forma pauperis, filed 16 this civil rights action pursuant to 42 U.S.C. § 1983 on December 3, 2008. On April 16, 2012, the 17 Court granted Plaintiff’s motion to compel and granted Plaintiff thirty days within which to set forth, 18 under penalty of perjury, the reasonable expenses he incurred in making his motion. Fed. R. Civ. 19 P. 37(a)(5)(A). Plaintiff was informed that if, due to indigency or other reason, he did not incur any 20 expenses, he should state that fact. Defendant was granted thirty days thereafter to be heard 21 regarding the payment of reasonable expenses. 22 On April 20, 2012, Plaintiff filed a notice of reasonable expenses that does not comply with 23 the terms of the Court’s order. Specifically, Plaintiff seeks attorney’s fees in the amount of $265.50. 24 Plaintiff is not represented by counsel and he did not incur attorney’s fees in bringing his motion to 25 compel. Fed. R. Civ. P. 37(a)(5)(A). Further, because Plaintiff is not an attorney, he is not entitled 26 to attorney’s fees. Kay v. Ehrler, 499 U.S. 432, 1423 S.Ct. 1435 (1991); Elwood v. Drescher, 456 27 F.3d 943, 946-48 (9th Cir. 2006). 28 1 1 The Court will provide Plaintiff with one final opportunity to set forth any reasonable 2 expenses he actually incurred. If Plaintiff did not incur any expenses, he is not entitled to 3 reimbursement. Fed. R. Civ. P. 37(a)(5)(A). 4 Based on the foregoing, it is HEREBY ORDERED that: 5 1. Within thirty (30) days from the date of service of this order, Plaintiff shall set forth, 6 under penalty of perjury, the reasonable expenses he incurred in bringing his motion 7 to compel, if any; and 8 2. 9 Defendant has thirty (30) days thereafter within which to file a response regarding the payment of reasonable expenses. 10 11 IT IS SO ORDERED. 12 Dated: ie14hj April 24, 2012 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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