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Baltimore v. Haggins

United States District Court, E.D. California

February 26, 2014

ROBERT BALTIMORE, Plaintiff,
v.
CHRISTOPHER HAGGINS, Defendant.

ORDER DENYING DEFENDANT'S BILL OF COSTS

LAWRENCE J. O'NEILL, District Judge.

I. Background

Robert Baltimore ("Plaintiff") is a state prisoner proceeding in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action was tried before a jury starting on October 16, 2013. (Doc. 118.) On October 18, 2013, a verdict was returned in Defendant's favor and judgment was entered on October 23, 2013. (Docs. 122, 123.) Defendant filed his bill of costs on November 6, 2013, seeking $1, 462.61. (Doc. 124.) Plaintiff opposed the taxation and Defendant filed a reply. (Docs. 125, 127.) For the reasons discussed below, Defendant's taxation of costs against Plaintiff is denied.

II. Standards

Fed. R. Civ. P. 54(d)(1) states:

Unless a federal statute, these rules, or a court order provides otherwise, costs-other than attorney's fees-should be allowed to the prevailing party
...

The types of costs that may be awarded under Rule 54(d) are limited to those enumerated in 28 U.S.C. § 1920. Crawford Fitting Co. v. J.T. Gibbons, Inc., 482 U.S. 437, 441-442 (1987). In pertinent part, 28 U.S.C. § 1920 states:

A judge or clerk of any court of the United States may tax as costs the following:

(1) Fees of the clerk and marshal;
(2) Fees for printed or electronically recorded transcripts necessarily obtained for use in the case;
(3) Fees and disbursements for printing and witnesses;
(4) Fees for exemplification and the costs of making copies of any materials where the copies are necessarily ...

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