United States District Court, S.D. California
William Q. Hayes, Judge.
matter before the Court is the Motion for Taxation of Costs
filed by Plaintiff Tony Roberts. (ECF No. 204).
8, 2015, Plaintiff Tony Roberts, a state prisoner proceeding
pro se, initiated this action by filing a Complaint pursuant
to 42 U.S.C. § 1983 against Defendants A. Buenrostro, R.
Davis, C. Meza, A. Parker, R, Santiago, K. Seibel, and R.
Solis for violation of his First and Eighth Amendment rights.
(ECF No. 1).
8, 2015, Plaintiff filed a Motion for Leave to Proceed in
Forma Pauperis (IFP). (ECF No. 2). On May 26, 2015, the Court
granted Plaintiff leave to proceed IFP. (ECF No. 4).
September 16, 2016, the Court dismissed Plaintiff's
Eighth Amendment claims except for the Eighth Amendment claim
against Defendant Buenrostro for sexual assault. (ECF No.
September 24, 2018, the Court granted summary judgment
against Plaintiff as to his remaining Eighth Amendment claim
against Defendant Buenrostro, and as to his First Amendment
claim for the allegedly false and retaliatory April 2, 2014
rules violation report. (ECF No. 136). The Court declined to
grant summary judgment in favor of Defendants on the grounds
of exhaustion. The Court remanded the case to the Magistrate
Judge to hold an evidentiary hearing to resolve the disputed
material facts of whether the prison improperly failed to
process Plaintiff's alleged grievances on April 2, 2014;
June 23, 2014; and July 8, 2014, such that Plaintiff's
failure to exhaust would be excused.
November 16, 2018, the Magistrate Judge vacated the scheduled
evidentiary hearing “[i]n light of the fact that
Defendants have withdrawn their defense of exhaustion of
administrative remedies.” ECF No. 170 at 1; see
also ECF Nos. 169, 166 (noting withdrawal of exhaustion
March 14, 2019, the Court granted summary judgment for
Defendants as to Plaintiff's state law claims and granted
summary judgment for Defendants as to Plaintiff's First
Amendment claims against Defendants Solis, Santiago, and
Seibel. (ECF No. 178). The Court declined to grant summary
judgment in favor of Defendants as to Plaintiff's First
Amendment claims against Defendants Parker, Davis, Meza, and
22, 2019, Defendants filed a Motion to Dismiss on the grounds
that Plaintiff made untrue statements in his motion to
proceed IFP. (ECF No. 189). On August 2, 2019, the Court
granted Defendants' Motion to Dismiss. (ECF No. 198).
August 2, 2019, the Clerk of the Court entered Judgment in
favor of Defendants and against Plaintiff. (ECF No. 199).
August 13, 2019, Defendants filed a Bill of Costs in the
amount of $884.70. (ECF No. 200). On August 26, 2019,
Plaintiff filed an Objection to Defendants' Bill of
Costs. (ECF No. 202). On September 17, 2019, the Clerk of the
Court taxed costs in amount of $559.70 against Plaintiff.
(ECF No. 203).
September 25, 2019, Plaintiff filed a Motion for Taxation of
Costs. (ECF No. 204). Defendants have not filed a response in
opposition and Plaintiff has not filed a reply.