Augustus

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 C. DWAYNE GILMORE, No. 1:12-cv-00925-NONE-SAB (PC) Plaintiff, ORDER DENYING PLAINTIFF’S BILL OF

COSTS AS UNTIMELY

v. (Doc. No. 274) C. LOCKARD, et al., Defendants. 16 17 The bill of costs of before the court for consideration arose from the appeal of a jury verdict, returned on March 2, 2017, against plaintiff C. Dwayne Gilmore and in favor of defendants J. Hightower, C. Lopez, and C. Lockhard. (Doc. No. 256.) Plaintiff’s appeal was ultimately successful, and the Ninth Circuit Court of Appeals reversed the jury verdict and the earlier dismissal of two other defendants from the action on August 28, 2019. (Doc. Nos. 258, 266.) The Ninth Circuit’s mandate, however, was not issued until September 19, 2019. (Doc. No. 268.) This court subsequently issued an order consistent with the Ninth Circuit’s judgment on December 6, 2019. (Doc. No. 269.) Three months later, plaintiff filed a bill of costs under Federal Rule of Appellate Procedure…