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