No. 23-5883

Shardaye Jeacole Malik Bey v. Ohio

Lower Court: Sixth Circuit
Docketed: 2023-10-25
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: 28-usc-1443 appellate-procedure civil-rights constitutional-challenge constitutional-rights court-fees criminal-procedure criminal-removal due-process filing-fees in-forma-pauperis
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2024-03-22 (distributed 2 times)
Question Presented (AI Summary)

Whether filing fees are required for removal of a criminal action under 28 U.S.C. § 1443

Question Presented (OCR Extract)

QUESTION(S) PRESENTED FOR REVIEW Because filing fees are not required for removal of a criminal action under {28 U.S.C] § 1443, it is not necessary to grant Petitioner in forma pauperis status for the reason below. 1. Pursuant to FRAP 3(e) Payment and Fees. Upon filing of appeal, the appellant must pay the district clerk all required fees. The district clerk receives the appellate docket fee on behalf of the court of appeals. Because “[fliling fees are not required to be collected in the federal district court in connection with criminal removal petitions under [28 U.S.C.] § 1443. For that reason, is it not necessary to grant Petitioner in forma pauperis status when filing an appeal to the federal circuit court of appeals? 2. Filing fees are not to be collected in connection with criminal removal petitions. Such fees are regulated by statute, [28 U.S.C.] § 1443. For that reason, is there no authority for the clerk in the federal court of appeal to charge fees in such proceedings? 3. The right to petition the court cannot be so handicapped. For that reason, would it be unconstitutional on its face to allow a clerk to dismiss a case on appeal removed under § 1443 upon alleging the proper fee was not paid? 7 @

Docket Entries

2024-03-25
Rehearing DENIED.
2024-03-06
DISTRIBUTED for Conference of 3/22/2024.
2024-01-30
Petition for Rehearing filed.
2024-01-08
Petition DENIED.
2023-12-07
DISTRIBUTED for Conference of 1/5/2024.
2023-10-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 24, 2023)

Attorneys

Shardaye J. M. Bey
Shardaye Jeacole Malik Bey — Petitioner
Shardaye Jeacole Malik Bey — Petitioner