In forma pauperis (IFP) proceedings are those cases in which the U.S. Supreme Court allows an indigent party to file a petition for writ of certiorari without paying the $300 filing fee or preparing a printed booklet. If leave is denied, the petitioner is given a due date (typically 21 days after the denial) to file the petition in booklet format in accordance with Rule 33.1 and pay the filing fee. As petitioners often realize, however, the vast majority of IFP applications filed fall short of demonstrating the degree of indigency necessary for IFP status. While the preponderance of cases in which an IFP application is denied are civil cases, IFP status has been denied in criminal cases as well, even when the party was incarcerated. See Gressman, E., et al., Supreme Court Practice, at 564 (9th ed.).
Petitioners who have been denied IFP status have two options: they can file a motion to reconsider the denial, or, they can call the knowledgeable staff at Cockle Printing to arrange for the preparation of a Rule 33.1 booklet (a sample of our work can be found here).
The leading Supreme Court practitioner’s guide and a long line of cases suggest that “it seems futile to request that the Court rehear or reconsider an order denying leave to proceed IFP. The Court will almost certainly deny such a motion.” See Gressman, at 570; Corey v. Mendel, 534 U.S. 809 (2001); In re Gaydos, 519 U.S. 1089 (1997); Martin v. Mrvos, 502 U.S. 1028 (1992). Additionally, the 21 day period in which to submit a booklet petition has started to run and will not be extended upon the Court’s receipt of a motion to reconsider.
Thus, many petitioners who have been denied IFP status often place their trust in Cockle Printing’s expert Document Analysts to transform their IFP submissions into rule-compliant booklets. Cockle Printing ensures that the petition and appendix are typeset in the proper Century family font, printed on paper of the appropriate size and weight and bound with the correct color of cover.
After the booklet petition has been printed and filed with the Clerk, the Court will set the respondent’s due date and distribute the document for an upcoming conference (in which the Court will consider whether or not to grant the writ). Should the Court advance the case to the merits stage, it will set schedules for oral argument and the submission of additional briefs.
IFP petitioners who require assistance in their Rule 33.1 filing should send their petition and appendix documents to Cockle Printing in order to begin generating a rule-compliant booklet in time to meet the Court’s updated due date.
