No. 21-7535

Antonio Alejandro Gutierrez v. Steve Shelton, et al.

Lower Court: Ninth Circuit
Docketed: 2022-04-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-1915 bruce-v-samuels civil-procedure due-process filing-fees in-forma-pauperis procedural-law retroactive-application retroactivity statutory-interpretation supreme-court-precedent
Key Terms:
JusticiabilityDoctri
Latest Conference: 2022-04-29
Question Presented (AI Summary)

Question Presented

Question Presented (OCR Extract)

Questions Presented. ; , Question One Should the Oregon Department of Corrections, the U.S. District Court of Oregon, and the Ninth Circuit Court of Appeals, be allowed to collect 28 U.S.C. § 1915(b) in forma pauperis (IFP) filing fees debts from Plaintiff on a “per case” basis, following a new interpretation of the United States Supreme Court's holding in Bruce v. Samuels, 136 S.Ct. 627, 577 U.S. 82, 193 L.Ed.2d 496 (2016) clarifying the statutory intent of that statute, when at the time these contractual debts were : agreed to by Plaintiff and those parties it was the applicable method and expectations of all parties | for those collections to occur in a “sequential” manner? Question two Is it the United States Supreme Court's intention of the clarifying holding in Bruce v. Samuels, 136 S.Ct. 627, 577 U.S. 82, 193 L.Ed.2d 496 (2016), that in forma pauperis fees céllections pursuant to 28 U.S.C. § 1915(b) be coflected on a “per case” basis be applied ‘ retroactively in all cases, or that such new interpretation must be applied “prospectively” from the time concerned parties receive fair notice of the new interpretation to the statute? . ol

Docket Entries

2022-05-02
Petition DENIED.
2022-04-14
DISTRIBUTED for Conference of 4/29/2022.
2022-04-13
Waiver of right of respondent Steve Shelton, et al. to respond filed.
2022-03-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 5, 2022)

Attorneys

Antonio Alejandro Gutierrez
Antonio Alejandro Gutierrez — Petitioner
Antonio Alejandro Gutierrez — Petitioner
Steve Shelton, et al.
Benjamin Noah GutmanOregon Department of Justice, Respondent
Benjamin Noah GutmanOregon Department of Justice, Respondent