Sengenberger

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

SEAN DAVID SENGENBERGER,  No. 04-35664 Petitioner-Appellant, D.C. No. v. RALPH TOWNSEND, President, Idaho  CV-01-00578-MHW District of Idaho, Board of Corrections, State of Boise Idaho,

ORDER

Respondent-Appellee.  Filed December 12, 2006

Before: Michael Daly Hawkins, M. Margaret McKeown, and Richard A. Paez, Circuit Judges.

ORDER

The State of Idaho, as the prevailing party, has filed a bill of costs for $301. Sean Sengenberger objects to the cost bill, primarily on the ground of his indigency.

We previously have noted that “courts should consider the financial resources of the plaintiff and the amount of costs in civil rights cases.” Stanley v. Univ. of So. Calif., 178 F.3d 1069, 1079 (9th Cir. 1999). “Indigency is a factor that the dis- trict court may properly consider in deciding whether to award costs.” Id. This same rationale applies with equal force to habeas corpus petitioners. There is, however, a countervail- ing consideration to be taken into account. The Antiterrorism and Effective Death Penalty Act and the Prison Litigation Reform Act were…