Dean v. Doe #1 et al

Filing 100

ORDER denying 83 Motion for Attorney Fees. Signed by Hon. Mark W. Pedersen on 7/7/22. (Pedersen, Mark)-CLERK TO FOLLOW UP-

Case 6:15-cv-06239-EAW-MJP Document 100 Filed 07/07/22 Page 1 of 1

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
_____________________________________________
TODD DEAN,

Plaintiff,

vs.

ORDER
15-CV-6239-EAW-MJP

ANDREW ROBINSON AND AARON WARD,
Defendants.
_____________________________________________
PEDERSEN, M.J. Before the Court is Plaintiff’s “Motion for Attorney Fees
and Costs and Expenses,” (Apr. 8, 2022, ECF No. 83). For the reasons stated below,
the Court denies the application.
Costs are awarded to the prevailing party who obtains a judgment in a case.
28 U.S.C. § 1920; Fed. R. Civ. P. 54(d). No judgment has been entered; therefore, no
costs can be awarded.
Plaintiff also seeks attorney fees. Once again, the request is premature as no
judgment has yet been entered. Further, the Second Circuit has stated that nonlawyers who appear pro se may not recover attorney fees unless the litigation caused
them to divert their time from income-producing activity. See Sommer v. Sullivan,
898 F.2d 895, 896 (2d Cir.), cert. den. Plaintiff is a non-lawyer who is incarcerated.
Thus, it is unlikely that he suffered a loss of income because of this case.
SO ORDERED.
Dated: March __, 2020
Rochester, New York

/s/ Mark W. Pedersen
Mark W. Pedersen
United States Magistrate Judge