Head v. Thornburg

Background

Joseph Head, a person who asked to proceed in the Supreme Court without paying the filing fee, sought review. The Court denied his motion to proceed without fees under Rule 39.8. The Court allowed Head until March 23, 1992 to pay the docketing fee required by Rule 38(a) and to file a petition that follows Rule 33.

Reasoning

The central question was whether the Court should let this person proceed without paying fees. The Court invoked Rule 39.8 and denied permission to proceed without fees, requiring payment and a rule-compliant petition instead. The opinion in the lead provides no extended explanation; it treats the matter as a procedural enforcement of the Court’s fee and filing rules. The practical result is that Head must either pay the fee and correct his filing or be unable to proceed without fees.

Real world impact

This ruling affects people who ask to file in the Court without paying fees: it shows the Court can deny that request and set a short deadline to pay and correct filings. Because this action enforces filing and fee rules rather than resolving the underlying legal claim, it is not a final decision on the merits and could be revisited if procedures or further filings change.

Dissents or concurrances

Justice Stevens, joined by Justice Blackmun, objects. He says applying Rule 39.8 to Head — who previously filed only one petition — expands the rule beyond earlier uses against very frequent filers, and would have allowed Head to proceed without paying.