Lyons v. State Of Nevada, et al.

Filing 57

ORDER Denying 53 Motion to Review and Deny Defendants' Bill of Costs. Signed by Judge James C. Mahan on 10/28/11. (Copies have been distributed pursuant to the NEF - MMM)

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1 2 3 4 5 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 6 7 8 9 PHILLIP J. LYONS, 10 Plaintiff, 11 vs. 12 Case No. 2:10-CV-00707-JCM-(LRL) STATE OF NEVADA ex rel, c/o ORTIZ, et al., ORDER 13 Defendants. 14 15 16 17 Presently before the court is plaintiff Phillip J. Lyons’ pro se motion to review and deny 18 defendants’ bill of costs. (Doc. #53). Defendants filed an opposition. (Doc. #56). Plaintiff argues that 19 he was granted in forma pauperis status in state court and should not be taxed these costs in federal 20 court. (Doc. #53). 21 On August 23, 2011, defendants filed a bill of costs totaling $350, the cost of removing the case 22 from state to federal court. (Doc. #45). The clerk of court entered a clerk’s judgment of $350 on 23 September 15, 2011. (Docs. #50 and #51). Eleven days later, on September 26, 2011, plaintiff filed 24 the instant motion. (Docs. #53). 25 .. 26 .. 27 .. 28 .. 1 Pursuant to Federal Rule of Civil Procedure 54(d)(1), the court may review the costs taxed “[o]n 2 motion served within . . . 7 days” of the entry of costs taxed. FED. R. CIV. P. 54(d)(1).1 In the Ninth 3 Circuit, a party waives the right to challenge a cost award if the party fails to object to the costs within 4 the requisite period. Walker v. Cal., 200 F.3d 624, 625-26 (9th Cir. 1999). 5 6 Plaintiff failed to file his objection to the costs within the requisite 7-day period. Thus, plaintiff has waived his right to challenge the cost award. Walker, 200 F.3d at 625-26. 7 Accordingly, 8 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that plaintiff Phillip J. Lyons’ pro 9 se motion to review and deny defendants’ bill of costs (doc. #53) be, and the same hereby is, DENIED. 10 DATED October 28, 2011. 11 12 _________________________________ UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Note to subdivision (d) of Rule 54 states that “[t]he provisions as to costs in actions in forma pauperis contained in [28 U.S.C. § 1915] are unaffected by this rule.” Plaintiff was never granted in forma pauperis status pursuant to 28 U.S.C. § 1915, so this note is immaterial for the instant motion. -2-

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