1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 1] Diana Akins, as successor in interest to No. 2:21-cv-01317-KJM-DMC Samuel Wynn, Jr., 12 ORDER B Plaintiff, 14 v. 15 B. Moss, et al., 16 Defendants. 17 18 This court previously adopted the Magistrate Judge’s findings and recommendations and 19 | granted defendant’s motion for judgment on the pleadings. See F&Rs, ECF No. 75, adopted in 20 | full, ECF No. 76. Defendants now seek an award of their costs, $1,069.45 incurred in connection 21 | with a deposition. See Bill of Costs, ECF No. 78; Mem., ECF No. 78-1. Plaintiff objects to the 22 | bill of costs. ECF No. 79. 23 The court declines to award costs based on the limited resources of plaintiff's successor in 24 | interest, the absence of any funds in Samuel Wynn, Jr.’s estate, and the potential chilling effect an 25 | award of costs would have on similar civil rights actions. See Ass’s of Mexican-Am. Educators v. 26 | California,

, 591 (9th Cir. 2000) (en banc) (setting forth legal standard and 27 | describing district courts’ discretion to deny costs award). The court also has considered that

1 | defendants obtained judgment on the pleadings and yet seek an award of costs associated with 2 | fact discovery, 1.e., pretrial litigation beyond the pleadings. 3 IT IS SO ORDERED. 4 | DATED: December 5, 2025. oUt STATES DISTRICT JUDGE