Hunt v. Reyes et al

Filing 190

ORDER signed by Chief Judge Morrison C. England, Jr. on 04/23/15 ORDERING that defendant's 180 Application to Tax Costs is DENIED. (Benson, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL A. HUNT,

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No. 2:08-cv-00181-MCE-CKD (PC)

Plaintiff,
v.

ORDER

M. REYES, et al.,
Defendants.

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In bringing this lawsuit, Plaintiff Michael A. Hunt, an inmate in the custody of the

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California Department of Corrections and Rehabilitation, alleged that he was retaliated

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against for exercising his First Amendment right to file grievances and pursue civil rights

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litigation pertaining to his incarceration. Specifically, Plaintiff claims that Defendant

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David Rios placed false documentation about Plaintiff in his central file after Plaintiff filed

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a grievance, and because Defendant Rios learned that Plaintiff had filed a prior lawsuit.

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On January 7, 2015, this Court entered judgment in Defendant Rios’ favor

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following a jury verdict for the defense. Defendant Rios subsequently filed a Bill of Costs

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in the amount of $980.10. The propriety of that costs bill is presently before the Court.

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Federal Rule of Civil Procedure 54(d) creates a presumption in favor of awarding

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costs to the prevailing party, “but vests in the district court discretion to refuse to award

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costs.” Ass’n of Mexican-American Educators v. State of Cal., 231 F.3d 572, 591
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(9th Cir. 2000) (en banc). The imposition of considerable costs against a prisoner in a

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case of this nature could have an undesired chilling effect on civil rights litigation in an

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important area (see, e.g., Stanley v. Univ. of Southern Cal., 178 F.3d 1069, 1080

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(9th Cir. 1999)), and the Court therefore exercises its discretion to disallow costs herein.

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Defendant’s Application to Tax Costs (ECF No. 180) is accordingly DENIED.

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IT IS SO ORDERED.
Dated: April 23, 2015

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