United States District Court, E.D. California
ORDER DENYING DEFENDANT'S BILL OF COSTS
LAWRENCE J. O'NEILL, District Judge.
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.
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 ...