Jeffries v. Las Vegas Metropolitan Police Department et al

Filing 47

ORDER denying 39 Motion for Stay of Taxation Costs Pending Appeal. Signed by Judge Kent J. Dawson on 3/1/2017. (Copies have been distributed pursuant to the NEF - JM)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 MICHAEL JEFFRIES, 8 Plaintiff, Case No. 2:14-CV-01862-KJD-CWH 9 v. ORDER 10 11 12 LAS VEGAS METROPOLITAN POLICE DEPARTMENT, et al., Defendants. 13 14 15 16 Presently before the Court is Plaintiff’s Motion for Stay of Taxation of Costs Pending Appeal (#39). Defendants filed a response in opposition (#44). A party seeking to stay an award of costs pending appeal must demonstrate: (1) a probability 17 of success on the merits; (2) the possibility of irreparable harm; (3) that “serious legal questions are 18 raised[;]” and (4) that the “balance of hardships tips sharply in its favor.” Lopez v. Heckler, 713 F.2d 19 1432, 1435 (9th Cir. 1983). Here, Plaintiff made no showing on any of the factors. Therefore, 20 Plaintiff has not met his burden and his motion to stay is denied. 21 IT IS SO ORDERED. 22 DATED this 1st day of March 2017. 23 24 25 26 _____________________________ Kent J. Dawson United States District Judge

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