Johnson v. Sager et al
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
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
ROBERT E. JOHNSON;
Case No. C11-1117-RSM
ORDER RE: ORDER TO SHOW CAUSE
STEVEN SAGER, et al.,
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,
2016, Plaintiff wrote to this Court indicating he has yet to receive the filing fee he paid, in the
amount of $455.00, from Defendants. Dkt. #126. Plaintiff stated that the “DOC has not been
notified” and continues to deduct money from Plaintiff’s prison account, presumably to pay the
appeal filing fee. Id. The Court received no further update from the parties until it ordered a
response from Defendants on January 18, 2017. See Dkt. #128.
In Response to the Court’s Order to Show Cause, Defendants state that the costs
awarded by the Ninth Circuit on February 12, 2016, have already been paid. Dkt. #129 at 2
(citing Dkt. #130-1 at 9-17). Defendants argue that Plaintiff has requested additional costs,
filing a motion seeking $306.10 and later requesting $455. Defendants admit that the Court has
ORDER RE: ORDER TO SHOW CAUSE - 1
already indicated that Mr. Johnson should get these additional costs, but argue that because no
order was issued it was not possible to make payment. Defendants argue that interest on this
amount should not be awarded as a sanction because they acted in good faith.
Given the particular circumstances of this case, the Court finds that additional costs in
the amount of $455 should be awarded to Plaintiff and paid by Defendants without interest.
Defendants were certainly on notice from Plaintiff and this Court that these additional costs
were due, yet failed to object to the award of these costs at any time and even now essentially
concede that these costs should be awarded. See Dkt. #129. The Court agrees with Defendants
that an award of interest on this amount is unnecessary.
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. The Court
directs the Clerk to send a copy of this Order to Plaintiff at: Robert E. Johnson, #126696,
Coyote Ridge Correction Center, P.O. Box 769, Connell, WA 99326.
DATED this 23 day of January, 2017.
RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE
ORDER RE: ORDER TO SHOW CAUSE - 2
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