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- ilcd;;1:17-cv-01043_de98 RegisterActionDate "2019-07-16" @default.
- ilcd;;1:17-cv-01043_de98 RegisterActionDescriptionText "TEXT ORDER entered by Judge Joe Billy McDade on 7/16/2019. On June 27, 2019, the Court dismissed Plaintiff's complaint at summary judgment. Defendants thereafter filed 67 , a motion for bill of costs. Defendants request that Plaintiff be taxed the $393.50, the cost of his deposition. Plaintiff has filed an objection, asserting inability to pay. "There is a presumption that the prevailing party will recover costs, and the losing party bears the burden of an affirmative showing that taxed costs are not appropriate." Beamon v. Marshall & Ilsley Tr. Co., 411 F.3d 854, 864 (7th Cir. 2005). In determining whether to award costs the court must consider a plaintiff's indigence, but indigence does not automatically excuse the losing party from paying. Rivera v City of Chicago, 469 F.3d 631, 635(7th Cir. 2006). Under Rivera, the court must determine whether plaintiff is incapable of paying the court-imposed costs at this time or in the future. The court should also consider the amount of costs, the good faith of the losing party, and the closeness and difficulty of the issues raised. Id. "Just as non-indigent litigants must consider the relative merits of their lawsuit against the pain an unsuccessful lawsuit might inflict on their pocketbook, so must prisoners...learn to exercise discretion and judgement in their litigation activity and accept the consequences of their costly lawsuits." McGill v. Faulkner, 18 F.3d 456, 460 (7th Cir. 1994). To that extent, Plaintiff is requested, within 21 days to send his prison trust fund ledgers for the past 6 months. 67 is RESERVED.(SAG, ilcd) (Entered: 07/16/2019)" @default.
- ilcd;;1:17-cv-01043_de98 AdministrativeID "None" @default.
- ilcd;;1:17-cv-01043_de98 hasReferenceToOtherEntry ilcd;;1:17-cv-01043_de94 @default.