Everett E. Osborne v. Chase Riveland

1 F.3d 1247 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Everett E. OSBORNE, Plaintiff-Appellant, v. Chase RIVELAND, et al., Defendants-Appellees. No. 93-35290. United States Court of Appeals, Ninth Circuit. Submitted July 21, 1993. * Decided July 28, 1993. Before BROWNING, TANG and NORRIS, Circuit Judges. 1 MEMORANDUM ** 2 Everett E. Osborne appeals pro se the district court's order denying his motion to review the Clerk's order taxing costs against him. We have jurisdiction under 28 U.S.C. Sec. 1291 . We review the district court's order taxing costs for an abuse of discretion, Alfex Corp. v. Underwriters Lab., Inc., 914 F.2d 175, 176 (9th Cir.1990), cert. denied, 112 S.Ct. 61 (1991), and we affirm. 3 Osborne contends that, because his action was not frivolous, and because he is an indigent litigant proceeding in forma pauperis under 28 U.S.C. Sec. 1915 (a), the district court abused its discretion in taxing costs against him. 1 We disagree. A prevailing party is…