ROBERT SMITH, III V. STATE OF CALIFORNIA, No. 12-17019 (9th Cir. 2014)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT NOV 20 2014 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS ROBERT P. SMITH, III, Plaintiff - Appellant, No. 12-17019 D.C. No. 3:10-cv-02959-CRB v. MEMORANDUM* STATE OF CALIFORNIA, Defendant, And CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION and A. HEDGPETH, Defendants - Appellees. Appeal from the United States District Court for the Northern District of California Charles R. Breyer, Senior District Judge, Presiding Submitted November 17, 2014** San Francisco, California * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Before: REINHARDT, THOMAS, and CHRISTEN, Circuit Judges. In light of the Defendants’ concession that they were not “prevailing part[ies]” within the meaning of Federal Rule of Civil Procedure 54(d)(1) and that the award of costs should be reversed, we reverse the award of costs. REVERSED.

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