Pete Wright v. Bill Armontrout
Pete Wright v. Bill Armontrout
Opinion
___________ No. 96-1690 ___________ Pete Wright, * * Appellant, * * v. * * Appeal from the United States Bill Armontrout; Loren Newby; * District Court for the James Eberle; Allen Nixon; * Western District of Missouri.
Tim Branson; Dolores Phillips; * Selita White; Odell Henry; * Raby; Raymond New; Cecil * [UNPUBLISHED] Pettus, * * Appellees. * ___________ Submitted: November 6, 1996 Filed: November 12, 1996 ___________ Before BOWMAN, MAGILL, and LOKEN, Circuit Judges. ___________ PER CURIAM.
Missouri inmate Pete Wright appeals from the district court's1 award of costs to defendants after summary judgment was entered against Wright in his 42 U.S.C. § 1983 action. We conclude that the district court did not abuse its discretion in assessing costs here, as Wright has failed to show that either the costs were unnecessary or that he is incapable of paying the costs. See Slagenweit v. Slagenweit, 63 F.3d 719, 720-21 (8th Cir. 1995) (per curiam) (standard of review; placing burden upon party against whom costs were taxed to show deposition was purely investigative and
The HONORABLE SCOTT O. WRIGHT, United States District Judge for the Western District of Missouri. copies were obtained for use other than trial preparation); McGill v. Faulkner, 18 F.3d 456, 459 (7th Cir.) (burden is on prisoner-plaintiff to show he is incapable of paying costs due to his indigency), cert. denied, 115 S. Ct. 233 (1994). Accordingly, we affirm.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
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