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McArthur v. Smith

November 8, 2007

STEVEN LARON MCARTHUR ADC #95870 PLAINTIFF
v.
EDWARD SMITH, FOOD PRODUCTION MANAGER, CUMMINS UNIT DEFENDANT



ORDER

Appointed counsel for Plaintiff Steven McArthur has filed a Motion and a Supporting Brief seeking reimbursement from the Library fund for $797.80 for litigation costs he incurred while representing Plaintiff in this action. See docket entries #107 and #108. Local Rule 83.6, Exhibit A(2), provides that: "Before an attorney expends an amount above $500, for which the attorney intends to seek reimbursement from the fund, written approval must be obtained from a District Court Judge or Magistrate Judge." (Emphasis added.)

Although the costs incurred by counsel appear to be reasonable, he did not obtain written permission prior to expending more than $500, as required by Rule 83.6, Exhibit A(2). Accordingly, the Court will instruct the Clerk to pay counsel $500.

IT IS THEREFORE ORDERED THAT:

1. Plaintiff's Motion for Disbursement of Funds Pursuant to Local Rule 83.6 (docket entry #107) is GRANTED, AS MODIFIED.

2. The Clerk shall distribute to Mr. J. R. Baber the amount of $500 from the Library Fund.

Dated this 8th day of November, 2007.

20071108

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