Shardaye Jeacole Malik Bey v. Ohio
SocialSecurity Securities Immigration
Whether filing fees are required for removal of a criminal action under 28 U.S.C. § 1443
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 @