No. 23-933

Jay Hymas, dba Dosmen Farms v. Department of the Interior

Lower Court: Ninth Circuit
Docketed: 2024-02-27
Status: Denied
Type: Paid
Experienced Counsel
Tags: access-to-courts circuit-split civil-procedure court-fees fee-waiver in-forma-pauperis judicial-discretion litigation-access statutory-interpretation
Key Terms:
HabeasCorpus
Latest Conference: 2024-05-30
Question Presented (AI Summary)

Does 28 U.S.C. § 1915(a)(1) grant district courts authority to set a partial filing fee for in forma pauperis litigants, as the Ninth Circuit below and the Sixth and Seventh Circuits have held, or only to waive prepayment of litigation fees in full as the Fifth Circuit has held?

Question Presented (OCR Extract)

QUESTION PRESENTED Congress has determined that individuals should not be denied access to federal court based on their economic circumstances. To effectuate that important policy, Congress enacted 28 U.S.C. § 1915(a)(1), which governs in forma pauperis applications for all litigants. The statute provides in relevant part: “Subject to subsection (b), any court of the United States may authorize the commencement, prosecution or defense of any suit, action or proceeding, civil or criminal, or appeal therein, without prepayment of fees or security therefor, by a person who submits an affidavit that includes a statement of all assets such prisoner possesses that the person is unable to pay such fees or give security therefor.” Does 28 U.S.C. § 1915(a)(1) grant district courts authority to set a partial filing fee for in forma pauperis litigants, as the Ninth Circuit below and the Sixth and Seventh Circuits have held, or only to waive prepayment of litigation fees in full as the Fifth Circuit has held?

Docket Entries

2024-06-03
Petition DENIED.
2024-05-14
DISTRIBUTED for Conference of 5/30/2024.
2024-05-13
2024-04-29
Brief of respondent Department of the Interior in opposition filed.
2024-03-06
Motion to extend the time to file a response is granted and the time is further extended to and including April 29, 2024.
2024-03-04
Motion to extend the time to file a response from March 28, 2024 to April 29, 2024, submitted to The Clerk.
2024-02-20
Petition for a writ of certiorari filed. (Response due March 28, 2024)
2023-12-12
Application (23A534) granted by Justice Kagan extending the time to file until February 18, 2024.
2023-12-08
Application (23A534) to extend the time to file a petition for a writ of certiorari from December 20, 2023 to February 18, 2024, submitted to Justice Kagan.

Attorneys

Jay Hymas dba Dosmen Farms
Michael Anthony ScodroMayer Brown LLP, Petitioner
Michael Anthony ScodroMayer Brown LLP, Petitioner
U.S. Department of the Interior
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent