Akosua Aaebo-Akhan v. Kwesi Akhan, et al.

Summary

The District of Kansas overruled Plaintiff Akosua Aaebo-Akhan’s objection to a magistrate judge’s denial of her request for an exemption from PACER fees. The court held that she had not shown the magistrate judge’s decision was clearly erroneous or contrary to law, and that arguments raised for the first time in the objection were waived.

Holdings

1. The denial was not clearly erroneous or contrary to law because Plaintiff failed to identify a qualifying error in the magistrate judge's decision.
2. A litigant's in forma pauperis status, standing alone, does not require the court to grant a PACER fee exemption.
3. Plaintiff waived the argument that she lacked documents because a third party retained them by failing to present that argument to the magistrate judge.

Questions Presented

1. Whether the magistrate judge's denial of Plaintiff's request for a PACER fee exemption was clearly erroneous or contrary to law under Federal Rule of Civil Procedure 72(a).
2. Whether Plaintiff's argument that she lacked access to documents because a third party retained them was waived because it was raised for the first time in her objection.
3. Whether Plaintiff's in forma pauperis status alone required a PACER fee exemption.

Disposition

other