Turner v. Smith et al

Filing 211

ORDER DENYING COSTS. Signed by Judge Charles R. Breyer on 05/31/2017. (crblc2, COURT STAFF) (Filed on 5/31/2017)

1
2
3

IN THE UNITED STATES DISTRICT COURT

4

FOR THE NORTHERN DISTRICT OF CALIFORNIA
5
6
7

United States District Court
United States District Court
For For the Northern DistrictCalifornia
the Northern District of of California

10
11

ORDER DENYING COSTS

Plaintiff,

8
9

No. 11-cv-5176 CRB

STEPHEN B. TURNER,

v.
MELODY SMITH, ET AL.,
Defendants.

/

12

After prevailing on summary judgment, Defendants have moved under Federal Rule
13

of Civil Procedure 54(d)(1) to recover $1,840.20 in costs from Plaintiff. That provision
14

creates a presumption in favor of awarding costs to the prevailing party but vests the Court
15

with discretion not to. See Ass’n of Mexican-American Educators v. California, 231 F.3d
16

572, 592 (9th Cir. 2000). To exercise that discretion, there must be particular circumstances
17

indicating that “it would be inappropriate or inequitable to award costs.” Id. at 593.
18

Those circumstances exist here. Plaintiff is indigent and homeless, which counsels
19

strongly against awarding costs. See Escriba v. Foster Poultry Farms, Inc., 743 F.3d 1236,
20

1248 (9th Cir. 2014); Draper v. Rosario, 836 F.3d 1072, 1088 (9th Cir. 2016). And although
21

this was not the closest of cases, the Court is loath to risk chilling future actions brought by
22

civil-rights plaintiffs. See Stanley v. Univ. of S. Cal., 178 F.3d 1069, 1080 (9th Cir. 1999).
23

The Court therefore DENIES the motion to recover costs.
24
25

IT IS SO ORDERED.

26

Dated: May 31, 2017

27
28

CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE