Retz v. Turnball et al

Filing 133

ORDER - IT IS ORDERED: The Plaintiff's Application for Attorney's Fees and Costs (Filing No. 123 ) is denied, without prejudice. The Plaintiff may re-file his Application, or file a new application, within ten days of the filing of the Eighth Circuit's mandate. The Plaintiff's Motion for Additional Time (Filing No. 132 ) is denied as moot. Ordered by Chief Judge Laurie Smith Camp. (TCL )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DANIEL RETZ,

CASE NO. 8:11CV169
Plaintiff,

vs.

ORDER

WILLIAM SEATON, Detective, in his
individual capacity,
Defendant.

This matter is before the Court on the Plaintiff’s Application for Attorney’s Fees
and Costs. (Filing No. 123.) The Plaintiff seeks to recover his attorney’s fees and costs
as the prevailing party in this action pursuant to 42 U.S.C. § 1988(b). The Defendant
has appealed to the United States Court of Appeals for the Eighth Circuit the final
judgment entered in this action. (See Filing Nos. 120, 128 & 129.) In light of the
Defendant’s appeal, the Plaintiff’s Application for Attorney’s Fees and Costs will be
denied, without prejudice.

The Plaintiff may re-file his Application, or file a new

application, within ten days of the filing of the Eighth Circuit’s mandate. Accordingly,
IT IS ORDERED:
1.

The Plaintiff’s Application for Attorney’s Fees and Costs (Filing No. 123) is
denied, without prejudice;

2.

The Plaintiff may re-file his Application, or file a new application, within ten
days of the filing of the Eighth Circuit’s mandate; and

3.

The Plaintiff’s Motion for Additional Time (Filing No. 132) is denied as
moot.

Dated this 21st day of May, 2013.
BY THE COURT:
s/Laurie Smith Camp
Chief United States District Judge