Smith v. State of California et al

Filing 55

ORDER. Signed by Judge Charles R. Breyer on 12/11/2012. (Attachments: # 1 Certificate/Proof of Service)(beS, COURT STAFF) (Filed on 12/12/2012)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 10 ROBERT P. SMITH III, D-00615, Plaintiff(s), 11 12 13 14 vs. STATE OF CALIFORNIA, et al., Defendant(s). ) ) ) ) ) ) ) ) ) ) No. C 10-2959 CRB (PR) (9th Cir. No. 12-17019) ORDER 15 16 Plaintiff objects to the bill of costs of $974.34 submitted by the prevailing 17 party against him. Federal Rule of Civil Procedure 54(d) provides in pertinent 18 past that "[u]nless a federal statute, these rules, or a court order provides 19 otherwise, costs – other than attorney's fees – should be allowed to the prevailing 20 party." Plaintiff sets forth no compelling reason why the court should exercise its 21 discretionary authority to "refuse to tax costs in favor of the prevailing party." 22 Crawford Fitting Co. v. J.T. Gibbons, Inc., 482 U.S. 437, 442 (1987). 23 The clerk shell send a copy of this order to the Ninth Circuit. 24 SO ORDERED. 25 DATED: Dec. 11, 2012 CHARLES R. BREYER United States District Judge 26 27 28 G:\PRO-SE\CRB\CR.10\Smith, R1.10-2959.or7.wpd

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