Ritchie
Ritchie v. United States
Opinion
Lead Opinion
MEMORANDUM *
Having lost his action on the merits under the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq., Plaintiff-Appellant Wayne Ritchie seeks to reverse the district court’s award of costs to Defendant-Appel-lee United States. Ritchie argues that the district court erred in denying his motion to deny costs to the government and in denying his motion for discovery of alleged documents containing proposed deposition questions and answers. As the facts and procedural history are familiar to the par *239 ties, we do not recite them here except as necessary to explain our disposition.
Generally, costs are awarded to the prevailing party. See Fed.R.Civ.P. 54(d) (“[CJosts — other than attorney’s fees— should be allowed to the prevailing party.”); Ass’n of Mexican-American Educators v. California, 231 F.3d 572 , 591 (9th Cir.2000). However, we have found an award of costs to be an abuse of discretion in limited circumstances. See, e.g., Stanley v. Univ. of S. Cal., 178 F.3d 1069, 1079-80 (9th Cir.1999). Ritchie makes three arguments for why we should so find in this case.
1.The Government’s Answer and Amended Answer