Smith v. State of California et al
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
ROBERT P. SMITH III, D-00615,
STATE OF CALIFORNIA, et al.,
No. C 10-2959 CRB (PR)
(9th Cir. No. 12-17019)
Plaintiff objects to the bill of costs of $974.34 submitted by the prevailing
party against him. Federal Rule of Civil Procedure 54(d) provides in pertinent
past that "[u]nless a federal statute, these rules, or a court order provides
otherwise, costs – other than attorney's fees – should be allowed to the prevailing
party." Plaintiff sets forth no compelling reason why the court should exercise its
discretionary authority to "refuse to tax costs in favor of the prevailing party."
Crawford Fitting Co. v. J.T. Gibbons, Inc., 482 U.S. 437, 442 (1987).
The clerk shell send a copy of this order to the Ninth Circuit.
DATED: Dec. 11, 2012
CHARLES R. BREYER
United States District Judge
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