Smith v. State of California et al

Filing 57

ORDER re 56 Request filed by Robert P. Smith, III. Signed by Judge Charles R. Breyer on 5/21/2013. (Attachments: # 1 Certificate/Proof of Service)(beS, COURT STAFF) (Filed on 5/28/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ROBERT P. SMITH III, D-00615,
Plaintiff(s),

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vs.
STATE OF CALIFORNIA, et al.,

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Defendant(s).

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No. C 10-2959 CRB (PR)
(9th Cir. No. 12-17019)
ORDER
(Docket # 56)

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Plaintiff again has filed a request asking this court to exercise its

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discretionary authority to refuse to tax costs in favor of the prevailing party. The

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request is construed as a motion for reconsideration of the court's December 12,

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2012 order denying plaintiff's initial request and is DENIED. See Twentieth

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Century - Fox Film Corp. v. Dunnahoo, 637 F.2d 1338, 1341 (9th Cir. 1981).

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(motions for reconsideration should not be frequently made or freely granted;

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they are not a substitute for appeal or a means of attacking some perceived error

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of the court.)

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The clerk shell send a copy of this order to the Ninth Circuit.

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SO ORDERED.

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DATED: May 21, 2013
CHARLES R. BREYER
United States District Judge

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