Dean v. Robinson

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK _____________________________________________

TODD DEAN, Plaintiff, ORDER 15-CV-6239-EAW-MJP vs.

ANDREW ROBINSON AND AARON WARD,

Defendants. _____________________________________________

PEDERSEN, M.J. 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 non- lawyers 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. Dated: March __, 2020 Rochester, New York /s/ Mark W. Pedersen Mark W. Pedersen United States Magistrate Judge