In Re Vey
Headline: Court denies a repeat inmate’s request to proceed without filing fees, refuses habeas relief now, and bars future free filings unless she pays fees and follows petition rules.
Holding:
- Bars future free filings from petitioner unless she pays required docketing fees.
- Requires payment and compliance with filing rules before accepting writ petitions.
- Does not vacate convictions; habeas request remains unresolved.
Summary
Background
A pro se prisoner, Eileen Vey, asked the Court to let her proceed without paying fees and to issue a habeas writ to vacate convictions from 13 years earlier. Over the past 6½ years she filed many items in this Court: 11 petitions for review, 12 petitions for extraordinary relief, and 2 bail applications. All were denied. The Court had granted fee-free status for her first 14 filings but later denied that status five times under Rule 39.8.
Reasoning
The central question was whether to allow her to proceed without paying fees and accept her new petition. The Court found her allegations were only conclusory and unsupported. It denied her motion to proceed without fees, ordered her to pay required docketing fees and to submit her petition following briefing rules by May 5, 1997, and relied on earlier reasoning in Martin v. District of Columbia Court of Appeals to justify barring future fee-free filings from her.
Real world impact
As a result, the Clerk is directed not to accept any more extraordinary petitions from her unless she first pays the docketing fee and follows the Court’s filing rules. The Court did not grant the habeas relief or vacate her convictions in this order. This ruling focuses on filing procedure and fees rather than deciding the underlying guilt or innocence, so the ultimate merits of her claims are not resolved here.
Dissents or concurrances
Justice Stevens filed a brief dissent, referring to reasons he gave in a prior dissent in Martin and the cases cited there.
Opinions in this case:
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