Opinion
No. 12-17019
11-20-2014
ROBERT P. SMITH, III, Plaintiff - Appellant, v. STATE OF CALIFORNIA, Defendant, And CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION and A. HEDGPETH, Defendants - Appellees.
NOT FOR PUBLICATION
D.C. No. 3:10-cv-02959-CRB MEMORANDUM Appeal from the United States District Court for the Northern District of California Charles R. Breyer, Senior District Judge, Presiding Submitted November 17, 2014 San Francisco, California Before: REINHARDT, THOMAS, and CHRISTEN, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
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In light of the Defendants' concession that they were not "prevailing part[ies]" within the meaning of Federal Rule of Civil Procedure 54(d)(1) and that the award of costs should be reversed, we reverse the award of costs.
REVERSED.