Leadbetter

MEMORANDUM **

Dawnell Leadbetter appeals from the denial of her motion pursuant to 17 U.S.C. Section 505 for attorney’s fees and costs against appellees Interscope Records, et al. Appellees brought an action for copyright infringement against Ms. Leadbetter on June 24, 2005. On December 29, 2006 District Judge Lasnik granted appellees’ motion to dismiss Ms. Leadbetter from the action without prejudice. Ms. Leadbetter subsequently sought attorney’s fees, which District Judge Pechman denied because Ms. Leadbetter was not a “prevailing party” as is required by Section 505. 17 U.S.C. § 505 . We review for abuse of discretion and we affirm. See Oscar v. Ala. Dept. of Educ. and Early De, 541 F.3d 978, 980-81 (9th Cir.2008).

The Supreme Court has held that a party may be accorded “prevailing party” status for purposes of statutory provisions providing for attorney’s fees only when that party obtains judicial relief “creatpng a] ‘material alteration of the legal relationship of the parties.’ ” Buckhannon Bd. & Care Home, Inc. v. W. Va. Dep’t of Health & Human Res., 532 U.S. 598, 604 , 121 S.Ct. 1835 , 149 L.Ed.2d 855 (2001) (quoting Tex. State Teachers Assn. v. Garland Indep. School…