GREEN v. BURKHART et al
ORDER denying 239 Motion for Attorney Fees. Signed by Judge Arthur J. Schwab on 10/4/2017. (lmt)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
JOHN HAGGERTY, JOHN GILARA,
DANIEL PACK, JOHN CHILES, and
Petitioner has filed a “Motion for Attorney’s Fees.” ECF 239. In this Motion, Petitioner
requests “attorney/paralegal fees” at $100.00 per hour. Petitioner also requests reimbursement
for his costs, specifically, “filing fees, copying fees, postage, and supplies.” Petitioner’s Motion
will be denied as follows.
First, Petitioner is not entitled to recover for “attorney’s fees” and thus, the Court will
deny this portion of the Motion. A pro se litigant who is not a lawyer is not entitled to attorney’s
fees. Kay v. Ehrler, 499 U.S. 432, 435 (1991). A rule that authorizes awards of counsel fees to
pro se litigants -- even if limited to those who are members of the bar -- would create a
disincentive to employ counsel whenever such a plaintiff considered himself competent to
litigate on his own behalf. Id. at 437. The statutory policy of furthering the successful
prosecution of meritorious claims is better served by a rule that creates an incentive to retain
counsel in every such case. Id.
Second, the Court will deny as premature the portion of the Motion that requests
reimbursement of his costs. Petitioner has filed an appeal with the United States Court of
Appeals for the Third Circuit, and until that appeal is fully litigated, the request for
reimbursement of costs is premature. Petitioner may re–raise this narrow issue at the appropriate
SO ORDERED, this 4th day of October, 2017.
s/ Arthur J. Schwab
Arthur J. Schwab
United States District Judge
All ECF Registered Counsel of Record
1600 Walters Mill Road
Somerset, PA 15510
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