Foster v. Enenmoh et al

Filing 73

ORDER Finding No Entitlement To Expenses And Discharging Order (Docs. 55 and 65 ), signed by Magistrate Judge Sheila K. Oberto on 7/13/2012. (Fahrney, E)

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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 FINDING NO ENTITLEMENT TO
EXPENSES AND DISCHARGING ORDER

A. ENENMOH,

(Docs. 55 and 65)
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Defendant.
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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 gave 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.

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On April 20, 2012, Plaintiff filed a notice of reasonable expenses that did not comply with

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the terms of the Court’s order. Specifically, Plaintiff sought attorney’s fees in the amount of

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$265.50, to which he was not entitled as a pro se litigant.

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On April 24, 2012, the Court provided Plaintiff with one final opportunity to set forth any

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reasonable expenses he actually incurred and notified Plaintiff that if he did not incur any expenses,

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he is not entitled to reimbursement. Fed. R. Civ. P. 37(a)(5)(A). The thirty-day deadline to comply

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with the order has expired without a response from Plaintiff.

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Accordingly, no entitlement to expenses has been shown and the Court’s order providing

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Plaintiff with the opportunity to set forth reasonable expenses incurred is HEREBY DISCHARGED.

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IT IS SO ORDERED.

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Dated:
ie14hj

July 13, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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