No. 23A534

Jay Hymas, dba Dosmen Farms v. Department of Interior

Lower Court: Ninth Circuit
Docketed: 2023-12-12
Status: Presumed Complete
Type: A
Tags: civil-litigation court-fees filing-fees in-forma-pauperis judicial-discretion statutory-interpretation
Latest Conference: N/A
Question Presented (from Petition)

1. This case presents a significant question of law—namely, whether, pursuant to 28 U.S.C. § 1915(a)(1), district courts may impose a partial filing fee on in forma pauperis civil litigants, or instead must waive entirely the $350 filing fee statutorily set by Congress in 28 U.S.C. § 1914(a).

2. Unlike the decision below, Petitioner's position is consistent with the plain text of 28 U.S.C. § 1914 and § 1915(a)(1), which do not afford district courts discretion to impose a partial filing fee.

Question Presented (AI Summary)

Whether 28 U.S.C. § 1915(a)(1) permits district courts to impose partial filing fees on non-prisoner civil litigants or requires complete fee waiver

Docket Entries

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
Michael Anthony ScodroMayer Brown LLP, Petitioner
United States Department of Interior
Elizabeth B. PrelogarSolicitor General, Respondent