Cunningham v. Kelley
Headline: Court denies fee-waiver requests and gives petitioners until October 24, 2011 to pay docketing fees and file petitions that meet the Court’s rules.
Holding: The Court denied motions to proceed without paying fees and allowed petitioners until October 24, 2011 to pay the docketing fees required by Rule 38(a) and to file petitions in compliance with Rule 33.1.
- Denies fee-waiver requests; petitioners must pay docketing fees.
- Gives deadline of October 24, 2011 to fix filings and pay fees.
- Requires petitions to comply with Rule 33.1 and Rule 38(a).
Summary
Background
Multiple petitioners from several federal and state appellate courts asked to proceed without paying court fees (a request called "in forma pauperis"). The opinion lists many circuit and state courts and several docket numbers. Those requests were considered together in this filing.
Reasoning
The Court decided not to allow the fee-waiver requests. Instead, it denied the motions to proceed without paying fees and directed petitioners to take specific steps: pay the docketing fees required by Rule 38(a) and submit petitions that comply with Rule 33.1 of the Court’s rules. The order sets a firm deadline of October 24, 2011 for these actions.
Real world impact
Practically, people who wanted to avoid paying filing fees must now pay the required docketing fees and correct their petitions so they meet the Court’s filing rules by the stated deadline. The decision addresses whether petitioners may proceed without paying fees and enforces fee and filing requirements; it does not resolve the underlying legal disputes on the merits.
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