United States District Court, N.D. Georgia, Atlanta Division
TIMBUK K. ATAKORA, Plaintiff,
ROBERT FRANKLIN and MOREHOUSE COLLEGE, Defendant.
OPINION AND ORDER
WILLIAM S. DUFFEY, Jr., District Judge.
This matter is before the Court on Plaintiff Timbuk Kofi Atakora's ("Plaintiff") Motion to Modify/Vacate Order  (the "Motion").
In the "Background" section of its December 13, 2013, Order,  granting summary judgment to Defendants Robert Franklin ("Franklin") and Morehouse College ("Morehouse") (collectively, "Defendants"), the Court set forth this case's factual and procedural background, and set forth the asserted basis for Plaintiff's claims against Defendants. (December 13, 2013, Order at 1-4). That background section is incorporated here by reference.
On July 12, 2012, Plaintiff, proceeding pro se, filed this action in the United States District Court for the District of Maryland. Finding Plaintiff's Complaint  failed to allege a factual nexus to Maryland, on July 26, 2012, the court in Maryland transferred the action to the Northern District of Georgia.
On May 17, 2013, Defendants moved  for summary judgment,  and on December 13, 2013, the Court granted  Defendants' motion, finding that Defendants did not have a legal duty to prevent the hazard that Plaintiff alleged caused his injuries, and that Plaintiff's remaining claims failed to state a legal basis upon which relief could be granted. The Clerk entered judgment  in favor of Defendants on December 13, 2013.
On January 13, 2014, Defendants filed their Bill of Costs  in the amount of $1, 903.23. Plaintiff did not object to the Bill of Costs, and on February 4, 2014, the Clerk taxed  Defendants' costs against Plaintiff. On March 27, 2014, Plaintiff filed his Motion, asserting that Defendants agreed not to pursue legal costs against him, and requesting that the Court modify its December 13, 2013, Order to vacate the portion of the Order that orders Plaintiff to pay costs. (Motion at 2).
Plaintiff's assertion that the Court's December 13, 2013, Order called for him to be taxed Defendants' costs is incorrect. The Court's December 13, 2013, Order granted summary judgment in favor of Defendants and against Plaintiff. Defendants are entitled to their costs pursuant to 28 U.S.C. § 1920 and Rule 54(d)(1) of the Federal Rules of Civil Procedure. Plaintiff, thus, does not actually request that the Court modify or vacate its December 13, 2013, Order, but rather objects to the Clerk taxing Defendants' costs to Plaintiff.
Defendants sought to tax Plaintiff for fees incurred for transcripts obtained for use in the case and for fees and disbursements for printing. (See Bill of Costs at 1). 28 U.S.C. § 1920 provides, in part:
A judge or clerk of any court of the United States may tax as costs the following:... (2) Fees for printed or electronically recorded transcripts necessarily obtained for use in the case; [and] (3) Fees and disbursements for printing and witnesses.... A bill of costs shall be filed in the case and, upon allowance, included in the judgment or decree.
28 U.S.C. § 1920. Rule 54(d)(1) provides, in part:
Unless a federal statute, these rules, or a court order provides otherwise, costs-other than attorney's fees-should be allowed to the prevailing party.... The clerk may tax costs on 14 days' notice. On motion served within the next 7 days, the court may review the clerk's action.
Fed. R. Civ. P. 54(d)(1). On January 13, 2014, Defendants filed their Bill of Costs pursuant to 28 U.S.C. § 1920 and in compliance with Rule 54(d)(1), and on February 4, 2014, after fourteen days' notice, the Clerk taxed Defendants' costs. Plaintiff's Motion, which, in essence, requests that the Court review the Clerk's award of costs, was filed on March 27, ...