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Thompson v. Caruso

United States District Court, W.D. Michigan, Northern Division
Nov 10, 2005
Case No. 2:04-cv-204 (W.D. Mich. Nov. 10, 2005)

Opinion

Case No. 2:04-cv-204.

November 10, 2005


OPINION


This is a civil rights action brought by two state prisoners pursuant to 42 U.S.C. § 1983. On September 7, 2005, this court entered a judgment dismissing plaintiffs' claims. Thereafter, defendant filed a motion to tax costs against plaintiffs in the amount of $50.00. On September 30, 2005, this court issued an order requiring plaintiffs to file a response to defendant's motion. Plaintiffs filed a response on October 12, 2005.

The court finds that defendant's costs, including those sought under 28 U.S.C. § 1923(a), are authorized by statute and reasonable in nature and amount. See Meador-Bey v. Jones, No. 92-2379, 1993 WL 76228, at *1 (6th Cir.), cert. denied, 509 U.S. 913 (1993); Berryman v. Epp, 884 F. Supp. 242, 244-45 (E.D. Mich. 1995). Costs in the amount of $50.00 are therefore approved.

The Prison Litigation Reform Act, Pub.L. No. 104-134 (1996), removes the court's discretion to order relief from taxed costs on the basis of a prisoner's indigence. Under the Act, costs should generally be awarded regardless of whether the inmate is indigent. See 28 U.S.C. § 1915(f)(2)(A); Singleton v. Smith, 241 F.3d 534, 539-40 (6th Cir. 2001). Defendant is entitled to an award of costs totaling $50.00. Each plaintiff is responsible for one-half of defendant's costs, or $25.00.

Plaintiff Thompson

Defendant filed a certificate establishing plaintiff Thompson's prison account activity. Plaintiff's current account balance is $5,851.62. Plaintiff is capable of immediately paying his portion of defendant's costs in full. Plaintiff shall make an immediate payment to the Michigan Attorney General's Office in the amount of $25.00.

Plaintiff Jordan

Defendant filed a certificate establishing plaintiff Jordan's prison account activity. Plaintiff's current account balance is $901.57. Plaintiff is capable of immediately paying his portion of defendant's costs in full. Plaintiff shall make an immediate payment to the Michigan Attorney General's Office in the amount of $25.00.


Summaries of

Thompson v. Caruso

United States District Court, W.D. Michigan, Northern Division
Nov 10, 2005
Case No. 2:04-cv-204 (W.D. Mich. Nov. 10, 2005)
Case details for

Thompson v. Caruso

Case Details

Full title:RICHARD THOMPSON and RONALD JORDAN, Plaintiffs, v. PATRICIA CARUSO…

Court:United States District Court, W.D. Michigan, Northern Division

Date published: Nov 10, 2005

Citations

Case No. 2:04-cv-204 (W.D. Mich. Nov. 10, 2005)