Samarripa v. Ormond

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Five federal prisoners filed habeas corpus petitions under 28 U.S.C. 2241, arguing that their respective sentences are too long under federal law. Each paid the $5 habeas filing fee in the district court and each lost his petition on the merits. Each man moved to proceed as a pauper on appeal, seeking to avoid prepaying the $505 appellate filing fee. The statute, 28 U.S.C. 1915(a)(1), says that a federal court “may authorize the commencement, prosecution or defense of any suit, action or proceeding, civil or criminal, or appeal therein, without prepayment of fees” by a person who “is unable to pay such fees.” After examining each petitioner’s financial status, the district courts granted the motions in part, requiring each petitioner to make a one-time, partial prepayment of the fee, ranging from $50 to $400. The Sixth Circuit affirmed. Nothing in the statute deprives a district court of discretion to require partial prepayment of appellate filing fees, and nothing about it alters the pre-1996-amendment practice of doing so. View "Samarripa v. Ormond" on Justia Law