Wolfel v. Bates, No. 83-3751
| Court | United States Courts of Appeals. United States Court of Appeals (6th Circuit) |
| Writing for the Court | Before KEITH and MARTIN, Circuit Judges, and POTTER; BOYCE F. MARTIN, Jr. |
| Citation | 749 F.2d 7 |
| Parties | Dennis M. WOLFEL, Plaintiff-Appellant, v. Herbert R. BATES, Gary Brown, Defendants-Appellees. |
| Decision Date | 27 November 1984 |
| Docket Number | No. 83-3751 |
Page 7
v.
Herbert R. BATES, Gary Brown, Defendants-Appellees.
Sixth Circuit.
Decided Nov. 27, 1984.
Michael E. Geltner (argued), Washington, D.C., for plaintiff-appellant.
Nick Betsacon, Raymond J. Studer (argued), Asst. Attys. Gen., Columbus, Ohio, for defendants-appellees.
Before KEITH and MARTIN, Circuit Judges, and POTTER, District Judge. *
Page 8
BOYCE F. MARTIN, Jr., Circuit Judge.
Counsel for appellant Dennis Wolfel appeals the trial court's dismissal of his motion for attorney's fees. This appeal requires us to clarify the procedure by which counsel may seek, and the court may determine, permissible fees for appellate litigation when the motion for attorney's fees raises disputed factual issues.
In the underlying action, Ohio state prison inmate Dennis Wolfel prevailed in a pro se action in the district court on a section 1983 claim alleging denial of his first amendment right to petition for redress of grievances. The trial court awarded Wolfel nominal damages but denied punitive damages. The State appealed and Wolfel cross-appealed the denial of punitive damages. Wolfel was represented on that appeal by attorney Michael Geltner. In an opinion filed on June 3, 1983, this Court affirmed both aspects of the trial court's decision. 707 F.2d 932.
On June 9, 1983, Geltner moved this Court for an award of attorney's fees pursuant to 42 U.S.C. Sec. 1988. The Court took that motion under advisement. On June 27, 1983, the clerk of this Court, pursuant to Federal Rule of Appellate Procedure 41(a), issued as mandate this Court's judgment of June 3, 1983. The mandate provided that each party would bear its own costs of the appeal. On July 19, 1983, this Court issued a second order denying attorney Geltner's motion for attorney's fees. The Court's order was without prejudice to Geltner's right to resubmit the motion and supporting documents to the district court.
Geltner renewed his motion in the district court. That court, relying on our decision in Buian v. Baughard, 687 F.2d 859 (6th Cir.1982), held that a district court may not award attorney's fees to counsel for appellate work when we have declined to award costs to the party who seeks attorney's fees. It is from this decision of the district court that Wolfel now appeals.
In Buian we held that recovery of costs on appeal is "a prerequisite to the award of attorney's fees under 42 U.S.C.A. Sec. 1988." Id. at 860. Our holding was based on the literal language of...
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Knop v. Johnson, File No. G84-651.
...Davis v. City of Charleston, 827 F.2d 317, 323 (8th Cir.1987); Toussaint v. McCarthy, 826 F.2d 901, 905 (9th Cir.1987); Wolfel v. Bates, 749 F.2d 7, 9 (6th Cir. 1984); Vaughns v. Board of Education, 598 F.Supp. 1262, 1271-72 (D.Md.1984). Alternatively, claims may be considered related where......
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Xavier v. Harlow, CIVIL ACTION NO. 3:12-CV-1235
...judge to the extent it deems proper. See United States v. Raddatz, 447 U.S. 667, 675-76, 100 S. Ct. 2406, 65 L. Ed. 2d 424 (1980); Goney, 749 F.2d at 7; Ball v. United States Parole Comm'n, 849 F.Supp. 328, 330 (M.D. Pa.1994).Page 5 Uncontested portions of the report may be reviewed at a st......
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Banks v. Gallagher, Civil Action No. 3:08-cv-1110.
...106 S.Ct. 466, 88 L.Ed.2d 435 (1985) (the statute neither prevents nor requires a particular standard if no objections are filed); Goney, 749 F.2d at 7. At the very least, the Court should review uncontested portions for clear error. See, e.g., Cruz v. Chater, 990 F.Supp. 375, 376-77 (M.D.P......
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Xavier v. Harlow, CIVIL ACTION NO. 3:12-CV-1603
...judge to the extent it deems proper. See United States v. Raddatz, 447 U.S. 667, 675-76, 100 S. Ct. 2406, 65 L. Ed. 2d 424 (1980); Goney, 749 F.2d at 7; Ball v. United States Parole Comm'n, 849 F.Supp. 328, 330 (M.D. Pa.1994).Page 5 Uncontested portions of the report may be reviewed at a st......
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Knop v. Johnson, File No. G84-651.
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