(PC) Poslof v. Martel et al

Filing 29

ORDER signed by Magistrate Judge Allison Claire on 11/09/23 DENYING 28 Motion to recover costs; Plaintiff is advised that any further documents will be disregarded and no orders will issue in response to future filings. (Benson, A.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LONNIE LEE POSLOF, JR.,

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No. 2:18-cv-2806 AC P

Plaintiff,
v.

ORDER

MICHAEL MARTEL, et al.,
Defendants.

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Plaintiff, a state prisoner proceeding pro se, has filed a motion to recover costs. ECF No.

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28. In his motion, plaintiff request the court order recovery of the filing fee because he should be

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considered the prevailing party and is therefore entitled to costs as a matter of right. Id. at 2.

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However, the parties filed a stipulation for voluntary dismissal that stated each party was to bear

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its own costs and that there was no prevailing party in this action. ECF No. 22. Plaintiff’s

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argument that he is entitled to his costs is therefore without merit.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion to recover costs (ECF No. 28) is DENIED.

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2. Plaintiff is advised that any further documents will be disregarded and no orders will

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issue in response to future filings.

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DATED: November 9, 2023

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