Mims v. Farr et al

Filing 45

ORDER denying 38 Motion for Attorney Fees and finding as moot 37 Demand for jury trial. Ordered by Judge Hugh Lawson on 1/13/2009. (nbp)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION REGINALD DEKEITH MIMS, Plaintiff, v. LINDA A. FARR ANDERSON, and : : : : : : RUSSELL : : : : ORDER Pro se Plaintiff has filed a Motion for Jury Trial (Doc. 37) and Motion for Attorney's Fees (Doc. 38). Plaintiff filed these Motions after the Court entered an Order (Doc. 35) dismissing his Complaint. Because Plaintiff's case has been dismissed, his Motion for Jury Trial is denied as moot. Also, Plaintiff's Motion for Attorney's Fees is denied because Plaintiff is proceeding pro se, and he is not a prevailing party. See Kay v. Ehrler, 499 U.S. 432, 434-35 (1991) (holding that pro se litigants are not entitled to an award of attorney's fees); 42 U.S.C. 1988 (providing that in civil rights actions district courts have discretion to award attorney's fees to the prevailing party). SO ORDERED, this the 13th day of January, 2009 Case No. 5:08-CV-203(HL) Defendants. s/ Hugh Lawson HUGH LAWSON, Judge dhc

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