Akosua Aaebo-Akhan v. Sarah Connell, et al.

Summary

The United States District Court for the District of Kansas denied Plaintiff Akosua Aaebo-Akhan’s request for reconsideration of an order upholding the denial of her motion for exemption from PACER fees. The court concluded that Plaintiff’s arguments were waived because they were not presented to the magistrate judge initially and found no basis to reconsider its prior decision; it also declined to construe the filing as a notice of appeal.

Holdings

1. Arguments not presented to the magistrate judge and raised for the first time in an objection are waived; therefore, the district court's prior ruling was not erroneous.
2. The filing was not construed as a notice of appeal to the Tenth Circuit because Plaintiff did not indicate that she was appealing to that court and the order subject to reconsideration was not a final appealable order.

Questions Presented

1. Whether the district court should reconsider its order overruling Plaintiff's objection to the denial of a PACER-fee exemption when Plaintiff relied on arguments not presented to the magistrate judge.
2. Whether Plaintiff's request for reconsideration and notice of appeal should be construed as a notice of appeal to the Tenth Circuit.

Disposition

other