Prato v. Vallas
Headline: Court denies extra time for a petitioner to raise money and pay the Supreme Court filing fee, finding no grounds to hear the case and ending her immediate effort for the Court’s review.
Holding: The Court, through Justice Stevens as Circuit Justice, denied the petitioner’s request for more time to pay filing and printing costs because there are no grounds on which the Court would grant review.
- Denies extra time to raise money to pay filing and printing costs.
- Leaves the petition without Court review because no grounds exist.
- Reinforces requirement to pay docketing fee and meet filing rules on time.
Summary
Background
A person seeking the Supreme Court’s review filed a petition and asked to proceed without paying costs on December 20, 2002. On May 19, 2003, the Court denied that request and gave her until June 9, 2003 to pay the required docketing fee (the filing fee) and to submit a properly formatted petition. She then asked for more time, saying she needed to raise money to pay the fee and cover printing costs.
Reasoning
Justice Stevens, acting as the Circuit Justice, reviewed the petitioner’s filing and the request for extra time. He explained that, after looking at the petition, he was satisfied there are no grounds on which the Supreme Court would grant review of the case. Because the Court saw no basis to accept the case, Justice Stevens denied the extension to delay payment and filing requirements. This decision focuses on procedural eligibility to proceed and does not decide the underlying legal dispute.
Real world impact
The denial means the petitioner will not receive more time to raise funds and must meet the Court’s filing rules and fees to proceed. Because the Court found no reason to grant review, the petition is effectively closed at the Supreme Court level unless new, valid grounds are presented. This is a procedural ruling about fees and timing, not a final ruling on the merits of the underlying claim.
Dissents or concurrances
The May 19 order denying in forma pauperis status was issued over Justice Stevens’s earlier unpublished dissent, a detail he noted while denying the extension.
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