Opinion
Case No. 2:10-CV-00707-JCM-(LRL).
October 28, 2011
ORDER
Presently before the court is plaintiff Phillip J. Lyons' pro se motion to review and deny defendants' bill of costs. (Doc. #53). Defendants filed an opposition. (Doc. #56). Plaintiff argues that he was granted in forma pauperis status in state court and should not be taxed these costs in federal court. (Doc. #53).
On August 23, 2011, defendants filed a bill of costs totaling $350, the cost of removing the case from state to federal court. (Doc. #45). The clerk of court entered a clerk's judgment of $350 on September 15, 2011. (Docs. #50 and #51). Eleven days later, on September 26, 2011, plaintiff filed the instant motion. (Docs. #53).
Pursuant to Federal Rule of Civil Procedure 54(d)(1), the court may review the costs taxed "[o]n motion served within . . . 7 days" of the entry of costs taxed. FED. R. CIV. P. 54(d)(1). In the Ninth Circuit, a party waives the right to challenge a cost award if the party fails to object to the costs within the requisite period. Walker v. Cal., 200 F.3d 624, 625-26 (9th Cir. 1999).
Note to subdivision (d) of Rule 54 states that "[t]he provisions as to costs in actions in forma pauperis contained in [ 28 U.S.C. § 1915] are unaffected by this rule." Plaintiff was never granted in forma pauperis status pursuant to 28 U.S.C. § 1915, so this note is immaterial for the instant motion.
Plaintiff failed to file his objection to the costs within the requisite 7-day period. Thus, plaintiff has waived his right to challenge the cost award. Walker, 200 F.3d at 625-26.
Accordingly,
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that plaintiff Phillip J. Lyons' pro se motion to review and deny defendants' bill of costs (doc. #53) be, and the same hereby is, DENIED.