In Re Kruse

Background

An individual asked the Court for permission to proceed without paying filing fees because they said they could not afford them and sought a court order (a writ of mandamus). The Court received a motion to proceed without paying fees and a petition asking for that order. The Court’s written action denies the fee-waiver request but gives the petitioner until November 2, 1993 to pay the required docketing fee under the Court’s rules and to submit a petition that follows those rules.

Reasoning

The central practical question was whether the petitioner could continue the case without paying fees. The Court’s order refuses the motion to proceed without paying and requires payment and a properly formatted petition by the deadline. The order does not reach or resolve the underlying merits of the mandamus request; it decides only the procedural question about fees and filing form. Justice Ginsburg stated she would deny the mandamus petition, and Justice Stevens wrote separately that he would deny the petition without deciding the fee question.

Real world impact

Because the Court denied the fee waiver, the petitioner must pay the docketing fee and fix the petition’s problems to keep the case alive. The ruling is procedural, not a final decision on the merits of the requested court order, so the underlying dispute could still be decided later if the petitioner meets the Court’s requirements.

Dissents or concurrances

Justice Stevens dissented, saying he would deny the petition for the court order without deciding the fee issue; Justice Ginsburg would also deny the writ.