(PC) Hoffmann v. Lassen County

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KASEY F. HOFFMANN, No. 2:15-cv-1382 GEB DB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS LASSEN COUNTY, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff alleges defendants interfered with his right to marry. On August 28, 2017, the court granted defendants’ motion for summary judgment. Shortly thereafter, defendants filed a motion for attorneys’ fees and plaintiff filed a motion for sanctions. Plaintiff appealed the grant of summary judgment and, on July 5, 2019, the Ninth Circuit Court of Appeals vacated the district court’s decision and remanded. Below, this court addresses the parties’ pending motions and recommends both be denied. Defendants move for attorneys’ fees under Federal Rule of Civil Procedure 54 and 42 U.S.C. § 1988. (ECF No. 63.) Rule 54(d) provides that the prevailing party shall be…