Opinion
15-CV-6239-EAW-MJP
07-07-2022
TODD DEAN, Plaintiff, v. ANDREW ROBINSON AND AARON WARD, Defendants.
ORDER
Mark W. Pedersen United States Magistrate Judge
Before the Court is Plaintiff's “Motion for Attorney Fees and Costs and Expenses,” (Apr. 8, 2022, ECF No. 83). For the reasons stated below, the Court denies the application.
Costs are awarded to the prevailing party who obtains a judgment in a case. 28 U.S.C. § 1920; Fed.R.Civ.P. 54(d). No judgment has been entered; therefore, no costs can be awarded.
Plaintiff also seeks attorney fees. Once again, the request is premature as no judgment has yet been entered. Further, the Second Circuit has stated that nonlawyers who appear pro se may not recover attorney fees unless the litigation caused them to divert their time from income-producing activity. See Sommer v. Sullivan, 898 F.2d 895, 896 (2d Cir.), cert. den. Plaintiff is a non-lawyer who is incarcerated. Thus, it is unlikely that he suffered a loss of income because of this case.
SO ORDERED.