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
Tags: access-to-courts circuit-split civil-procedure court-fees fee-waiver in-forma-pauperis judicial-discretion litigation-access statutory-interpretation
Latest Conference: 2024-05-30
Question Presented (from Petition)

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?

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?

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
U.S. Department of the Interior
Elizabeth B. PrelogarSolicitor General, Respondent