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SMITH v. STATE, C 10-2959 CRB (PR). (2013)

Court: District Court, N.D. California Number: infdco20130529c28 Visitors: 23
Filed: May 21, 2013
Latest Update: May 21, 2013
Summary: ORDER CHARLES R. BREYER, District Judge. Plaintiff again has filed a request asking this court to exercise its discretionary authority to refuse to tax costs in favor of the prevailing party. The request is construed as a motion for reconsideration of the court's December 12, 2012 order denying plaintiff's initial request and is DENIED. See Twentieth Century — Fox Film Corp. v. Dunnahoo, 637 F.2d 1338 , 1341 (9th Cir. 1981). (motions for reconsideration should not be frequently made or free
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ORDER

CHARLES R. BREYER, District Judge.

Plaintiff again has filed a request asking this court to exercise its discretionary authority to refuse to tax costs in favor of the prevailing party. The request is construed as a motion for reconsideration of the court's December 12, 2012 order denying plaintiff's initial request and is DENIED. See Twentieth Century — Fox Film Corp. v. Dunnahoo, 637 F.2d 1338, 1341 (9th Cir. 1981). (motions for reconsideration should not be frequently made or freely granted; they are not a substitute for appeal or a means of attacking some perceived error of the court.)

The clerk shell send a copy of this order to the Ninth Circuit.

SO ORDERED.

Source:  Leagle

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