1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 ROGER DOUGLAS, Case No. 1:23-cv-00653-KES-EPG (PC) 11 Plaintiff, FINDINGS AND RECOMMENDATIONS, RECOMMENDING THAT (1) 12 v. DEFENDANTS BE DENIED COSTS; AND (2) PLAINTIFF’S CONSTRUED MOTION 13 HEATHER SHIRLEY, et al., FOR RECONSIDERATION BE DENIED 14 Defendants. (ECF Nos. 44, 45) 15 OBJECTIONS, IF ANY, DUE WITHIN THIRTY (30) DAYS 16 17 I. INTRODUCTION 18 Plaintiff Roger Douglas is a state prisoner proceeding pro se and in forma pauperis in this 19 civil rights action filed pursuant to 42 U.S.C. § 1983. This case initially proceeded on Plaintiff’s Eighth Amendment conditions of confinements claims against Defendants Shirley, Cronjager, 20 and DeGough, stemming from Plaintiff’s allegations that the water at Wasco State Prison (WSP) 21 is dangerously contaminated. However, after no opposition by Plaintiff, the Court issued findings 22 and recommendations to grant Defendants’ motion for summary judgment, which the assigned 23 District Judge adopted on May 30, 2025, directing the Clerk of Court to issue judgment in favor 24 of Defendants and to close the case. (ECF No. 42). 25 Now before the Court are Defendants’ bill of costs requesting $834 for deposition-related 26 expenses and Plaintiff’s motion to strike costs, which the Court construes as an opposition to the 27 bill of costs and a motion for reconsideration of the dismissal of this case with prejudice. (ECF 28 1 Nos. 44, 45). The assigned District Judge referred Plaintiff’s motion to strike on June 26, 2025. 2 (ECF No. 46). 3 For the reasons given below, the Court will recommend that Defendants be denied costs 4 and that Plaintiff’s construed motion for reconsideration be denied. II. ANALYSIS 5 A. Costs 6 Defendants’ supporting memorandum states as follows: “Defendants incurred $682.50 for 7 [Plaintiff’s deposition] transcript, $150.00 for the court reporter’s appearance fee, and $1.50 for 8 exhibits, for a total of $834.00 in costs [that they ask for Plaintiff to pay]” (ECF No. 44-1, p. 2). 9 Federal Rule of Civil Procedure 54(d)(1) provides as follows: “Unless a federal statute, 10 these rules, or a court order provides otherwise, costs--other than attorney’s fees--should be 11 allowed to the prevailing party. Fed. R. Civ. P. 54(d)(1). Although the Ninth Circuit has 12 interpreted this “as creating a presumption for awarding costs to prevailing parties,” the Rule 13 “also vests in the district court discretion to refuse to award costs.” Draper v. Rosario, 836 F.3d 14 1072, 1087 (9th Cir. 2016) (citations and internal quotation marks omitted). In determining to 15 exercise such discretion, the Ninth Circuit has directed courts to consider a non-exhaustive list of 16 factors: “(1) the substantial public importance of the case, (2) the closeness and difficulty of the 17 issues in the case, (3) the chilling effect on future similar actions, (4) the plaintiff's limited 18 financial resources, and (5) the economic disparity between the parties.” Id. Importantly, “a losing 19 party need not demonstrate that all five factors weigh against imposing costs.” Id. 20 As for the first factor—the substantial public importance of the case—[i]ndividual Eighth 21 Amendment cases are important for safeguarding the rights and safety of prisoners,” Id. at 1088. 22 In this case, although ultimately unsuccessful, Plaintiff raised important issues about the safety of 23 the water at WSP, which implicates issues not only important to him but all prisoners at WSP. Thus, the Court concludes that this case raised important public issues and this factor weighs in 24 favor of Plaintiff. 25 As for the second factor— the closeness and difficulty of the issues in the case—the Court 26 notes that Plaintiff never responded to Defendants’ motion for summary judgment. However, it 27 also recognizes that Defendants’ motion for summary judgment was resolved, in part, on expert 28 1 evidence regarding the lack of danger posed by WSP’s water. (See ECF No. 41, p. 7). Plaintiff 2 states that his lack of funds was why he could not “procure legal assistance to help with 3 litigation” and respond to the motion for summary judgment. (ECF No. 45, p. 1). 4 Accordingly, even though Plaintiff lost this case by failing to respond to the motion for summary judgment, the Court cannot conclude that he prosecuted it in bad faith so as to justify 5 costs. See Murray v. Warden, No. 2:19-CV-2114-DAD-AC, 2023 WL 3168368, at *2 (E.D. Cal. 6 Apr. 28, 2023), report and recommendation adopted, 2023 WL 5155800 (E.D. Cal. Aug. 10, 7 2023) (recommending denial of costs where Plaintiff lost motion for summary judgment, in part, 8 because “[t]here [was] no evidence of bad faith or misconduct in bringing this lawsuit”). 9 As for the third factor—the chilling effect on future similar actions—an award of $834 in 10 costs “could chill similar lawsuits challenging Eighth Amendment violations in jails and prisons.” 11 Draper, 836 F.3d at 1088. As will be further discussed in consideration of the fourth and fifth 12 factors, Plaintiff has little to no resources, so $834 represents a large sum for him. Having to pay 13 such a sum could dissuade incarcerated persons like Plaintiff from pursuing civil rights action in 14 good faith because they would fear losing their already limited resources. This factor weighs in 15 favor of Plaintiff. 16 Lastly, as to the fourth and fifth factors— the plaintiff’s limited financial resources and 17 the economic disparity between the parties—Plaintiff contends, and Defendants do not challenge, 18 that he has “low to no income” and “is dependent upon family & friends” for assistance, with the 19 money he receives going towards “food and hygiene.” (ECF No. 45, p. 2; see also p. 3, stating 20 that Plaintiff’s income varies from $0 to $300 per month). However, Defendants argue that 21 Plaintiff’s ability to pay the costs in monthly installments from his trust account warrants granting 22 their request. (ECF No. 47, p. 2) (citing 28 U.S.C. § 1915(b)(2), (f)(2)(B)). 23 The Court notes that, when Plaintiff initiated this case, he was granted leave to proceed in forma pauperis, based in part, on his trust fund statement showing his last available balance at 24 $0.83. (ECF No. 6, p. 1). While Plaintiff’s balance varied during the period reflected in the 25 statement, it never exceeded $442.72, and frequently was much less, e.g., around $40 to $50. 26 (Id.). Further, Plaintiff’s continued incarceration makes it unlikely that his economic 27 circumstances will improve. Thus, even though Plaintiff would be able to make monthly 28 1 payments on the costs if ordered to be paid, his limited financial resources counsel against 2 depriving him of further funds. 3 In comparison, Defendants are represented by the California Office of the Attorney 4 General. (See ECF No. 14). As the Ninth Circuit has noted, “[t]here is no comparison between [an inmate plaintiff’s] limited resources and those of the state of California, which bore the defense 5 costs.” Draper, 836 F.3d at 1089. Thus, the fourth and fifth factors weigh in favor of Plaintiff. 6 In short, considering all the relevant circumstances in this case, including Plaintiff’s 7 extremely limited funds, the Court will recommend that Defendants be denied costs. Murray, 8 2023 WL 3168368, at *1 (recommending denial of $1,519.78 in costs associated with taking 9 plaintiff’s deposition although court granted summary judgment to defendant). 10 B.
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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 ROGER DOUGLAS, Case No. 1:23-cv-00653-KES-EPG (PC) 11 Plaintiff, FINDINGS AND RECOMMENDATIONS, RECOMMENDING THAT (1) 12 v. DEFENDANTS BE DENIED COSTS; AND (2) PLAINTIFF’S CONSTRUED MOTION 13 HEATHER SHIRLEY, et al., FOR RECONSIDERATION BE DENIED 14 Defendants. (ECF Nos. 44, 45) 15 OBJECTIONS, IF ANY, DUE WITHIN THIRTY (30) DAYS 16 17 I. INTRODUCTION 18 Plaintiff Roger Douglas is a state prisoner proceeding pro se and in forma pauperis in this 19 civil rights action filed pursuant to 42 U.S.C. § 1983. This case initially proceeded on Plaintiff’s Eighth Amendment conditions of confinements claims against Defendants Shirley, Cronjager, 20 and DeGough, stemming from Plaintiff’s allegations that the water at Wasco State Prison (WSP) 21 is dangerously contaminated. However, after no opposition by Plaintiff, the Court issued findings 22 and recommendations to grant Defendants’ motion for summary judgment, which the assigned 23 District Judge adopted on May 30, 2025, directing the Clerk of Court to issue judgment in favor 24 of Defendants and to close the case. (ECF No. 42). 25 Now before the Court are Defendants’ bill of costs requesting $834 for deposition-related 26 expenses and Plaintiff’s motion to strike costs, which the Court construes as an opposition to the 27 bill of costs and a motion for reconsideration of the dismissal of this case with prejudice. (ECF 28 1 Nos. 44, 45). The assigned District Judge referred Plaintiff’s motion to strike on June 26, 2025. 2 (ECF No. 46). 3 For the reasons given below, the Court will recommend that Defendants be denied costs 4 and that Plaintiff’s construed motion for reconsideration be denied. II. ANALYSIS 5 A. Costs 6 Defendants’ supporting memorandum states as follows: “Defendants incurred $682.50 for 7 [Plaintiff’s deposition] transcript, $150.00 for the court reporter’s appearance fee, and $1.50 for 8 exhibits, for a total of $834.00 in costs [that they ask for Plaintiff to pay]” (ECF No. 44-1, p. 2). 9 Federal Rule of Civil Procedure 54(d)(1) provides as follows: “Unless a federal statute, 10 these rules, or a court order provides otherwise, costs--other than attorney’s fees--should be 11 allowed to the prevailing party. Fed. R. Civ. P. 54(d)(1). Although the Ninth Circuit has 12 interpreted this “as creating a presumption for awarding costs to prevailing parties,” the Rule 13 “also vests in the district court discretion to refuse to award costs.” Draper v. Rosario, 836 F.3d 14 1072, 1087 (9th Cir. 2016) (citations and internal quotation marks omitted). In determining to 15 exercise such discretion, the Ninth Circuit has directed courts to consider a non-exhaustive list of 16 factors: “(1) the substantial public importance of the case, (2) the closeness and difficulty of the 17 issues in the case, (3) the chilling effect on future similar actions, (4) the plaintiff's limited 18 financial resources, and (5) the economic disparity between the parties.” Id. Importantly, “a losing 19 party need not demonstrate that all five factors weigh against imposing costs.” Id. 20 As for the first factor—the substantial public importance of the case—[i]ndividual Eighth 21 Amendment cases are important for safeguarding the rights and safety of prisoners,” Id. at 1088. 22 In this case, although ultimately unsuccessful, Plaintiff raised important issues about the safety of 23 the water at WSP, which implicates issues not only important to him but all prisoners at WSP. Thus, the Court concludes that this case raised important public issues and this factor weighs in 24 favor of Plaintiff. 25 As for the second factor— the closeness and difficulty of the issues in the case—the Court 26 notes that Plaintiff never responded to Defendants’ motion for summary judgment. However, it 27 also recognizes that Defendants’ motion for summary judgment was resolved, in part, on expert 28 1 evidence regarding the lack of danger posed by WSP’s water. (See ECF No. 41, p. 7). Plaintiff 2 states that his lack of funds was why he could not “procure legal assistance to help with 3 litigation” and respond to the motion for summary judgment. (ECF No. 45, p. 1). 4 Accordingly, even though Plaintiff lost this case by failing to respond to the motion for summary judgment, the Court cannot conclude that he prosecuted it in bad faith so as to justify 5 costs. See Murray v. Warden, No. 2:19-CV-2114-DAD-AC, 2023 WL 3168368, at *2 (E.D. Cal. 6 Apr. 28, 2023), report and recommendation adopted, 2023 WL 5155800 (E.D. Cal. Aug. 10, 7 2023) (recommending denial of costs where Plaintiff lost motion for summary judgment, in part, 8 because “[t]here [was] no evidence of bad faith or misconduct in bringing this lawsuit”). 9 As for the third factor—the chilling effect on future similar actions—an award of $834 in 10 costs “could chill similar lawsuits challenging Eighth Amendment violations in jails and prisons.” 11 Draper, 836 F.3d at 1088. As will be further discussed in consideration of the fourth and fifth 12 factors, Plaintiff has little to no resources, so $834 represents a large sum for him. Having to pay 13 such a sum could dissuade incarcerated persons like Plaintiff from pursuing civil rights action in 14 good faith because they would fear losing their already limited resources. This factor weighs in 15 favor of Plaintiff. 16 Lastly, as to the fourth and fifth factors— the plaintiff’s limited financial resources and 17 the economic disparity between the parties—Plaintiff contends, and Defendants do not challenge, 18 that he has “low to no income” and “is dependent upon family & friends” for assistance, with the 19 money he receives going towards “food and hygiene.” (ECF No. 45, p. 2; see also p. 3, stating 20 that Plaintiff’s income varies from $0 to $300 per month). However, Defendants argue that 21 Plaintiff’s ability to pay the costs in monthly installments from his trust account warrants granting 22 their request. (ECF No. 47, p. 2) (citing 28 U.S.C. § 1915(b)(2), (f)(2)(B)). 23 The Court notes that, when Plaintiff initiated this case, he was granted leave to proceed in forma pauperis, based in part, on his trust fund statement showing his last available balance at 24 $0.83. (ECF No. 6, p. 1). While Plaintiff’s balance varied during the period reflected in the 25 statement, it never exceeded $442.72, and frequently was much less, e.g., around $40 to $50. 26 (Id.). Further, Plaintiff’s continued incarceration makes it unlikely that his economic 27 circumstances will improve. Thus, even though Plaintiff would be able to make monthly 28 1 payments on the costs if ordered to be paid, his limited financial resources counsel against 2 depriving him of further funds. 3 In comparison, Defendants are represented by the California Office of the Attorney 4 General. (See ECF No. 14). As the Ninth Circuit has noted, “[t]here is no comparison between [an inmate plaintiff’s] limited resources and those of the state of California, which bore the defense 5 costs.” Draper, 836 F.3d at 1089. Thus, the fourth and fifth factors weigh in favor of Plaintiff. 6 In short, considering all the relevant circumstances in this case, including Plaintiff’s 7 extremely limited funds, the Court will recommend that Defendants be denied costs. Murray, 8 2023 WL 3168368, at *1 (recommending denial of $1,519.78 in costs associated with taking 9 plaintiff’s deposition although court granted summary judgment to defendant). 10 B. Motion for Reconsideration 11 Plaintiff’s filing contains the following statement: “Plaintiff also asks Court to close case 12 without prejudice as Plaintiff is in process of obtaining counsel to pursue class action suit in 13 future since Plaintiff has been undergoing treatment for possible cancer diagnosis.” (ECF No. 45, 14 p. 1) (minor alterations). The Court construes this as a motion for reconsideration of the dismissal 15 of this case with prejudice under Rules 59(e) and 60(b).1 16 “A district court may reconsider its grant of summary judgment under either Federal Rule 17 of Civil Procedure 59(e) (motion to alter or amend a judgment) or Rule 60(b) (relief from 18 judgment).” Sch. Dist. No. 1J, Multnomah Cnty., Or. v. ACandS, Inc., 5 F.3d 1255, 1262 (9th Cir. 19 1993). Generally, reconsideration of a prior order is “appropriate if the district court (1) is 20 presented with newly discovered evidence, (2) committed clear error or the initial decision was 21 manifestly unjust, or (3) if there is an intervening change in controlling law.” Id. at 1263. 22 “Whether or not to grant reconsideration is committed to the sound discretion of the court.” 23 Navajo Nation v. Confederated Tribes & Bands of the Yakama Indian Nation, 331 F.3d 1041, 1046 (9th Cir. 2003). “A [motion for reconsideration] may not be used to raise arguments or 24 present evidence for the first time when they could reasonably have been raised earlier in the 25 litigation.” Carroll v. Nakatani, 342 F.3d 934, 945 (9th Cir. 2003). 26
27 1 The grant of summary judgment resulted in a final judgment on the merits, which “is often used interchangeably with ‘dismissal with prejudice.”’ Stewart v. U.S. Bancorp, 297 F.3d 953, 956 (9th Cir. 28 2002); (see ECF Nos. 41, 43, 43). 1 Under Federal Rule of Civil Procedure 60(b), 2 [o]n motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, 3 inadvertence, surprise, or excusable neglect; (2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a 4 new trial under Rule 59(b); (3) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party; (4) the 5 judgment is void; (5) the judgment has been satisfied, released, or discharged; it is 6 based on an earlier judgment that has been reversed or vacated; or applying it prospectively is no longer equitable; or (6) any other reason that justifies relief. 7 Fed. R. Civ. P. 60(b). 8 As to Rule 60(b)(6), Plaintiff “must demonstrate both injury and circumstances beyond his 9 control that prevented him from proceeding with the action in a proper fashion.” Harvest v. 10 Castro, 531 F.3d 737, 749 (9th Cir. 2008) (citation and internal quotation marks omitted). 11 Additionally, Rule 60(b)(6) “is to be used sparingly as an equitable remedy to prevent manifest 12 injustice and is to be utilized only where extraordinary circumstances prevented a party from 13 taking timely action to prevent or correct an erroneous judgment.” (Id.) (citation and internal 14 quotation marks omitted). 15 Plaintiff has failed to set forth facts or law that meet any of the above requirements for 16 granting reconsideration under Rules 59(e) or 60(b). While the Court understands that Plaintiff 17 claims to have failed to oppose the motion for summary judgment based on his lack of resources 18 to obtain legal assistance, and he now intends to obtain counsel, such in itself does not warrant reconsideration of the dismissal of this case with prejudice. Further, the litigation of this case, 19 including the motion for summary judgment, required the expenditure of resources from both the 20 parties and the Court, and Plaintiff should not be permitted to relitigate this case at a later date 21 because he now wishes to obtain counsel to pursue a class action. 22 III. CONCLUSION AND RECOMMENDATIONS 23 For the reasons given above, IT IS RECOMMENDED as follows: 24 1. Defendants be denied costs. (ECF No. 44). 25 2. Plaintiff’s construed motion for reconsideration be denied. (ECF No. 45). 26 These Findings and Recommendations will be submitted to the United States District 27 Court Judge assigned to this action pursuant to the provisions of 28 U.S.C. § 636 (b)(1). Within 28 1 | thirty (30) days after being served with a copy of these Findings and Recommendations, any party 2 | may file written objections with the Court and serve a copy on all parties. Any objections shall be 3 | limited to no more than fifteen (15) pages, including exhibits. Such a document should be 4 | captioned “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the 5 | objections shall be served and filed within fourteen (14) days after service of the objections. The 6 parties are advised that failure to file objections within the specified time may result in the waiver 7 of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing Baxter v. 8 Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). ? | IT IS SO ORDERED. 10 1, | Dated: _July 14, 2025 [see ey UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28