Shannon Shawn O’Neil v. Julie Herrera-Rivera, individually and in her official capacity, Mariah Atencio, individually and in her official capacity, and City and County of Denver

Summary

The United States District Court for the District of Colorado denied without prejudice Shannon Shawn O’Neil’s motions for appointment of counsel and exemption from PACER fees. The court held that the request for counsel was premature and that the plaintiff had not demonstrated a sufficient need for a PACER fee exemption, noting that filings are mailed to him.

Holdings

1. A civil litigant has no constitutional right to appointed counsel, and plaintiff did not establish sufficient merit, complexity, inability to investigate or present his claims, interests of justice, or special circumstances warranting a request for pro bono counsel at this stage.
2. In forma pauperis status and financial hardship alone do not establish entitlement to a PACER fee exemption; the applicant must demonstrate that exemption is necessary to avoid unreasonable burdens and promote public access to information.

Questions Presented

1. Whether plaintiff established sufficient grounds for the court to request pro bono counsel in this civil action.
2. Whether plaintiff demonstrated that a PACER fee exemption was necessary to avoid unreasonable burdens and promote public access to information.

Disposition

other