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Robinson v. Powers

August 16, 2006

FLOYD ROBINSON, PLAINTIFF,
v.
MARVIN POWERS, DEFENDANT.



The opinion of the court was delivered by: Proud, Magistrate Judge

ORDER

Before the Court is defendant Powers' motion to tax costs in the amount of $40.00, pursuant to Federal Rule of Civil Procedure 54. (Doc. 56). The $40.00 amount represents the subpoena fee for medical records. Plaintiff has not responded to the subject motion.

A review of the record confirms that defendant Powers was the prevailing party in the above-captioned civil rights case. Federal Rule of Civil Procedure 54(d)(1) provides that the prevailing party is entitled to costs as a matter of course. The fact that plaintiff was proceeding as a pauper does not prevent taxation of costs. McGill v. Faulkner, 18 F.3d 456 (7th Cir. 1994).

IT IS THEREFORE ORDERED that defendant Powers' motion for taxation of costs against plaintiff Robinson (Doc. 56) is GRANTED.

IT IS FURTHER ORDERED that, pursuant to Federal Rule of Civil Procedure 54(d)(1), plaintiff Floyd Robinson shall pay defendant Marvin Powers $40.00 in costs.

IT IS SO ORDERED.

CLIFFORD J. PROUD U. S. MAGISTRATE JUDGE

20060816

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