Waheed v. MLMIC Insurance Company

Background

Sehra Waheed, who was representing herself and proceeding without paying filing fees, moved for correction of a clerical error on the docket and for reconsideration of earlier decisions denying requests for: (1) issuance of summonses and service by the U.S. Marshals; and (2) an exemption from fees for accessing case records through Public Access to Court Records (PACER).

Docket correction

The court granted Waheed’s request to remove ECF 17 from this case. Waheed said she had not requested a temporary restraining order or other preliminary injunctive relief in this action. The court agreed that ECF 17, titled “Temporary Restraining Order,” was captioned for another case and directed the Clerk of Court to strike it from this action.

Summonses and service

The court denied Waheed’s request for reconsideration of the decision denying issuance of summonses and service by the U.S. Marshals. Because she was proceeding without paying filing fees, the action was subject to screening under 28 U.S.C. § 1915(e)(2)(B). The court explained that, before summonses are issued, the district court must determine whether the action should be dismissed as frivolous or malicious, for failure to state a claim, or because it seeks monetary relief from a defendant who is immune from that relief. The court stated that, if the action is not dismissed under that statute, the assigned district judge may direct the Clerk to issue summonses and direct the U.S. Marshals to serve the defendants.

PACER fees

The court granted in part Waheed’s request for reconsideration concerning PACER fees. It found that a person proceeding without counsel and without paying filing fees could qualify under the applicable fee schedule for an exemption. Based on Waheed’s allegations that she was unemployed, had no income, and faced an imminent eviction from her home, the court found that she lacked the financial means to pay for ongoing access to court documents needed to litigate this case.

The court therefore granted Waheed an exemption from all future PACER fees for electronic case files maintained by this court for No. 25-CV-6504 (LTS), in which she was the plaintiff. The exemption applied only to Waheed, only to this action’s electronic case files available through PACER, and only for the stated purposes. It was retroactive to August 4, 2025, and remained valid throughout the litigation of this action, subject to possible revocation by the court. The order also prohibited selling for profit or transferring data obtained through the exemption, including redistribution through internet-based databases.

The court denied Waheed’s request to waive a past-due PACER balance because that amount arose from activity unrelated to this action. The court stated that she could address that balance with PACER.

Disposition

The court granted in part and denied in part Waheed’s motion for reconsideration. It granted the request to strike ECF 17, denied the request for issuance of summonses and service by the U.S. Marshals, granted the request for an exemption from future PACER fees for this action, and denied the request to waive the unrelated past-due PACER balance.

Chief Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied unpaid-fee status for purposes of an appeal.