Gomez

(PC) Thompson v. Gomez

Good Law
United States District Court, Eastern District of CaliforniaDecember 1, 20221:18-cv-00125California773 words

Opinion

trial_court Opinion

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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6 MARK SHANE THOMPSON, Case No. 1:18-cv-00125-SAB (PC)

7 Plaintiff, ORDER GRANTING, IN PART,

DEFENDANTS’ BILL OF COSTS

8 v. (ECF No. 149) 9 A. GOMEZ, et al., 10 Defendants.

11 12 On October 17, 2022, the instant action filed pursuant to 42 U.S.C. § 1983 was 13 dismissed, with prejudice, for Plaintiff’s failure to appear for jury trial and judgment was entered 14 in favor of Defendants. (ECF Nos. 144, 145.) 15 On October 31, 2022, Defendants filed a bill of costs. (ECF No. 149.) Plaintiff has not 16 filed a response and the time to do so has now passed. Fed. R. Civ. P. 54(d). 17 I. 18 DISCUSSION 19 Under Federal Rule of Civil Procedure 54(d), “[u]nless a federal statute, these rules, or a 20 court order provides otherwise, costs—other than attorney's fees—should be allowed to the 21 prevailing party.” “Rule 54(d) creates a presumption for awarding costs to prevailing parties; the 22 losing party must show why costs should not be awarded.” Save Our…

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