[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 96-1094
MICHAEL A. CROOKER,
Plaintiff, Appellant,
v.
TAX DIVISION OF THE U.S. DEPARTMENT OF JUSTICE, ET AL.,
Defendants, Appellees.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Michael Ponsor, U.S. District Judge]
Before
Torruella, Chief Judge,
Boudin and Lynch, Circuit Judges.
Michael Alan Crooker on brief pro se.
Donald K. Stern, United States Attorney, and Karen L. Goodwin,
Assistant United States Attorney, on brief for appellees.
August 20, 1996
Per Curiam. We have reviewed the parties' briefs and
the record on appeal. As in the case of an award of
attorney's fees under the Freedom of Information Act, 5
U.S.C. 552(a)(4)(E), see Crooker v. United States Parole
Comm'n, 776 F.2d 366, 367 (1st Cir. 1985), the decision to
award litigation costs, even to a complainant found to have
substantially prevailed, is within the sound discretion of
the district court. The magistrate judge amply supported his
recommendation that costs not be awarded - a recommendation
adopted by the district court. There was no abuse of
discretion in declining to award costs in this case.
Appellant's motion for summary reversal is denied.
The judgment of the district court is affirmed.
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