Opinion

Brown v. Henderson County Sheriff's Office

Court
District Court, W.D. North Carolina
Filed
Apr 23, 2024
Cited by
0 cases
Authority
More cited than 24.9%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF NORTH CAROLINA

ASHEVILLE DIVISION

CIVIL CASE NO. 1:23-cv-00270-MR-WCM

MACKENZIE ELAINE BROWN, )

)

Plaintiff, )

)

vs. ) O R D E R

)

HENDERSON COUNTY )

SHERIFF’S OFFICE, et al., )

)

Defendants. )

_______________________________ )

THIS MATTER is before the Court on Plaintiff’s Letters [Docs. 29; 30;

31].

Mackenzie Elaine Brown (“Plaintiff”), who is proceeding pro se,

initiated this action by filing her Complaint on September 14, 2023. [Doc. 1].

By her letters, Plaintiff now requests that the Court waive the $181.00 fee

she incurred for downloading documents via the Public Access to Court

Electronic Records (“PACER”) system.1 [See Docs. 29; 30; 31].

1 In its discretion, and considering Plaintiff’s status as a pro se litigant, the Court will

construe Plaintiff’s letters as a motion to waive her PACER fee. However, Plaintiff is

hereby advised that only motions in accord with the Local Rules of this Court may be

ruled upon. Accordingly, any further letters filed by Plaintiff will be disregarded.

PACER allows users to “view and print case filings, judicial opinions,

and other docket information from the federal trial, bankruptcy, and appellate

courts.” See In re Gollan, 728 F.3d 1033, 1035 (9th Cir. 2013). “PACER

charges user fees to cover the costs of maintaining the service.” Blackwell

v. Soc. Sec., No. 23-CV-1865 (JRT/TFD), 2024 WL 169107, at *1 (D. Minn.

Jan. 16, 2024); see also Luehring v. Los Angeles Cnty., No. 2:21-cv-01426,

2021 WL 4533275, at *1 (C.D. Cal. Aug. 4, 2021). However, “to ensure the

fees do not impair public access to the courts,” certain exemptions exist “for

classes of persons for whom fees would be an unreasonable burden.” In re

Gollan, 728 F.3d at 1035 (internal quotation marks omitted). Specifically, the

following fee exemptions are automatic:

• No fee is owed for electronic access to court

data or audio files via PACER until an account

holder accrues charges of more than $30.00 in

a quarterly billing cycle.

• Parties in a case (including pro se litigants) and

attorneys of record receive one free electronic

copy, via the notice of electronic filing or notice

of docket activity, of all documents filed

electronically, if receipt is required by law or

directed by the filer.

• No fee is charged for access to judicial

opinions.

• No fee is charged for viewing case information

or documents at courthouse public access

terminals.

• No fee is charged for Chapter 13 bankruptcy

trustees to download quarterly (i.e., once every

90 days) a list of the trustee’s cases from the

PACER Case Locator.

See United States Courts, Electronic Public Access Fee Schedule,

https://www.uscourts.gov/services-forms/fees/electronic-public-access-fee-

schedule (last accessed Apr. 19, 2024). In addition to these automatic

exemptions, the Court may, in its discretion, grant a fee exemption where it

finds “that those seeking an exemption have demonstrated that an

exemption is necessary in order to avoid unreasonable burdens and to

promote public access to information[.]” Id.

Here, Plaintiff contends that the Court should waive her $181.00

PACER fee because she “can’t afford to pay” it, and because she “was

unaware that [she] would be charged for downloading documents” from

PACER. [See, e.g., Doc. 31]. However, Plaintiff has not submitted any

evidence indicating that it would be particularly burdensome for her to pay

the fee she incurred. To the extent that she intends to rely on the Court’s

Order allowing her to proceed in forma pauperis, “the in forma pauperis

statute does not provide that a court may exempt a litigant from fees

associated with PACER.” See Luehring, 2021 WL 4533275, at *1; see also

28 U.S.C. § 1915(a). Thus, “proceeding in forma pauperis is not in itself

sufficient to establish that payment of PACER fees constitutes an

unreasonable burden.” See Luehring, 2021 WL 4533275, at *1; Olivia v.

Brookwood Coram I, LLC, No. 14-CV-2513 (JMA) (AYS), 2015 WL 1966357,

at *1-*2 (E.D.N.Y Apr. 30, 2015) (“[A] party seeking a discretionary

exemption [from PACER fees] cannot rely on his in forma pauperis status

alone.” (quotations and citations omitted)); Murray v. N.C. Dep’t of Pub.

Safety, No. 1:14CV985, 2014 WL 12651234, at *1 (M.D.N.C. Dec. 8, 2014);

Katumbusi v. Gary, No. 2:14-CV-1534 JAM AC, 2014 WL 5698816, at *4

(E.D. Cal. Oct. 30, 2014) (“In forma pauperis status alone does not support

a request to waive PACER fees.”).

Additionally, as noted above, the automatic exemptions provide pro se

litigants, such as Plaintiff, with a free copy of all the documents filed in their

case. Thus, Plaintiff could have downloaded every document in her case

without incurring any PACER fee—much less a nearly $200 fee. Moreover,

while PACER fees are ordinarily $0.10 per page, the fee is capped at $3.00

per document. See United States Courts, Electronic Public Access Fee

Schedule, https://www.uscourts.gov/services-forms/fees/electronic-public-

access-fee-schedule (last accessed Apr. 19, 2024). Therefore, excluding

Court Orders, for which PACER does not charge, and the documents Plaintiff

filed herself, she could have downloaded every document in her case several

times before incurring the fee here at issue.” Plaintiff has presented nothing

as to what she downloaded and why such documents were needed relative

to this case. Accordingly, Plaintiff has not demonstrated that the Court needs

to waive her PACER fee to ensure her access to documents in her case.

In sum, Plaintiff has not demonstrated that paying her PACER fee

would be unreasonably burdensome, nor has she shown that she needs free

access to PACER to obtain information related to her case. Accordingly, her

motion is denied.*

ORDER

IT IS, THEREFORE, ORDERED that Plaintiffs Letters [Docs. 29; 30;

31] are hereby construed as a motion to waive her $181.00 PACER fee and

that said motion is hereby DENIED.

Signed: April 23, 2024

IT 1S SO ORDERED.

a if

Martifi Reidinger Cy

Chief United States District Judge “*‘l

2 Nineteen of the 32 documents in Plaintiff's case are either Court Orders or documents

that she filed. Thus, even if the remaining 13 documents were all over thirty pages in

length (they are not), Plaintiff could have downloaded each of them more than an

additional four times before incurring a $181.00 fee.

3 Plaintiff also notes that she was unaware that she would be charged for downloading

documents through PACER. [See Doc. 31]. However, the Fee Schedule does not

recognize this as a basis for waiving PACER fees. Moreover, the PACER system

provides users with ample warning that they may be charged for accessing documents.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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