Johnson v. Sager et al

Filing 131

ORDER RE ORDER TO SHOW CAUSE; The Court hereby finds and ORDERS that Defendants shall pay a costs award of $455.00 to Plaintiff no later than fourteen (14) days from the date of this Order by Judge Ricardo S Martinez. (RS)cc Johnson

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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ROBERT E. JOHNSON;
Plaintiff,

Case No. C11-1117-RSM
ORDER RE: ORDER TO SHOW CAUSE

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v.
STEVEN SAGER, et al.,
Defendants.
This matter comes before the Court sua sponte. On February 12, 2016, the Ninth
Circuit awarded costs on appeal to Plaintiff Robert E. Johnson. Dkt. #67 at 6. On November 7,

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2016, Plaintiff wrote to this Court indicating he has yet to receive the filing fee he paid, in the

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amount of $455.00, from Defendants. Dkt. #126. Plaintiff stated that the “DOC has not been

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notified” and continues to deduct money from Plaintiff’s prison account, presumably to pay the

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appeal filing fee. Id. The Court received no further update from the parties until it ordered a

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response from Defendants on January 18, 2017. See Dkt. #128.

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In Response to the Court’s Order to Show Cause, Defendants state that the costs

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awarded by the Ninth Circuit on February 12, 2016, have already been paid. Dkt. #129 at 2

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(citing Dkt. #130-1 at 9-17). Defendants argue that Plaintiff has requested additional costs,

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filing a motion seeking $306.10 and later requesting $455. Defendants admit that the Court has

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ORDER RE: ORDER TO SHOW CAUSE - 1

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already indicated that Mr. Johnson should get these additional costs, but argue that because no

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order was issued it was not possible to make payment. Defendants argue that interest on this

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amount should not be awarded as a sanction because they acted in good faith.

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Given the particular circumstances of this case, the Court finds that additional costs in

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the amount of $455 should be awarded to Plaintiff and paid by Defendants without interest.

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Defendants were certainly on notice from Plaintiff and this Court that these additional costs

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were due, yet failed to object to the award of these costs at any time and even now essentially

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concede that these costs should be awarded. See Dkt. #129. The Court agrees with Defendants

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that an award of interest on this amount is unnecessary.

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The Court hereby finds and ORDERS that Defendants shall pay a costs award of

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$455.00 to Plaintiff no later than fourteen (14) days from the date of this Order. The Court

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directs the Clerk to send a copy of this Order to Plaintiff at: Robert E. Johnson, #126696,

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Coyote Ridge Correction Center, P.O. Box 769, Connell, WA 99326.

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DATED this 23 day of January, 2017.

A

RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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ORDER RE: ORDER TO SHOW CAUSE - 2