Cucuta v. New York City Police Department et al

Filing 84

OPINION & ORDER 104473: As set forth within, in the interest of justice and in this Court's discretion, Cucuta's apparent indigency warrants a reduction in the award of costs. Accordingly, this Court reduces the award of costs from $1,094.88 to $750.00. SO ORDERED. (Signed by Magistrate Judge Andrew J. Peck on 7/3/2014) Copies Mailed by Chambers. (ajs) Modified on 7/3/2014 (ajs). Modified on 7/3/2014 (nt).

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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ABRAHAM CUCUTA,
Plaintiff,
-againstCITY OF NEW YORK, et al.,
Defendants.

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13 Civ. 0558 (AJP)

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OPINION & ORDER

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ANDREW J. PECK, United States Magistrate Judge:
Plaintiff Abraham Cucuta filed an application to proceed in forma pauperis ("IFP"),
which Chief Judge Preska granted on October 15, 2013. (Dkt. No. 1: Request to Proceed In Forma
Pauperis; Dkt. No. 20: Order Granting IFP Application.) On May 9, 2014, this Court granted the
defendants' summary judgment motion and dismissed this lawsuit. (See Dkt. No. 80: Opinion &
Order.) On June 19, 2014, pursuant to Fed. R. Civ. P. 54(d), the Clerk of Court entered a Bill of
Costs in favor of defendants totaling $1,094.88, $983.20 of which was attributable to deposition
transcripts. (Dkt. No. 82: Bill of Costs.) On June 24, 2014, Cucuta filed a letter arguing that his IFP
status relieves him of responsibility for the costs identified in the Bill of Costs. (Dkt. No. 83:
6/24/14 Cucuta Letter.)
Contrary to Cucuta's assertion, the IFP statute and caselaw make clear that Cucuta's
in forma pauperis status does not automatically excuse him from paying costs. 28 U.S.C. §
1915(f)(2)(A) ("If the judgment against a prisoner includes the payment of costs under this
subsection, the prisoner shall be required to pay the full amount of the costs ordered."); see, e.g.,
D'Attore v. City of N.Y., 10 Civ. 6646, 2014 WL 173482 at *2 (S.D.N.Y. Jan. 8, 2014) ("28 U.S.C.

2
§ 1915(f) expressly permits costs to be taxed against indigent prisoners . . . ."); McMunn v. Mem'l
Sloan-Kettering Cancer Ctr., 97 Civ. 5857, 2003 WL 22910079 at *1 (S.D.N.Y. Dec. 9, 2003)
("[C]osts may be awarded against a losing party even if that party would have difficulty in paying
the judgment and even if the party appeared in forma pauperis."); Martin v. Ashcroft, 96 Civ. 7646,
2002 WL 31119434 at *1 (S.D.N.Y. Sept. 24, 2002) (same).
Nevertheless, in the interest of justice and in this Court's discretion, Cucuta's apparent
indigency warrants a reduction in the award of costs. See, e.g., D'Attore v. City of N.Y., 2014 WL
173482 at *2. Accordingly, this Court reduces the award of costs from $1,094.88 to $750.00.
SO ORDERED.
Dated:

New York, New York
July 3, 2014

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Andrew J. Peck
United States Magistrate Judge
Copies to:

Counsel (ECF)
Cucuta (Mail)