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.