Court policies re IFP qualification

Sai filed this request with the United States Court of Appeals for the Fifth Circuit of the United States of America .
Status
Rejected

Communications

From: Sai

Dear Fifth Circuit Court of Appeals:

5th Cir. R. 27.1.17, <http://www.ca5.uscourts.gov/docs/default-source/forms-and-documents---clerks-office/rules/5thcir-iop>, provides that court clerks may both grant and deny IFP motions.

Since clerks have no Article III authority, and it would be improper for them to be vested to exercise discretion, the court must have a policy or other statement of the standards by which a person qualifies for IFP status.

I hereby request all documents setting forth the circumstances under which a clerk of the Fifth Circuit is to grant an IFP motion, deny an IFP motion, or to forward an IFP motion to a judge, pursuant to 5th Cir. R. 27.1.17.

I recognize that the judiciary is not covered by the Freedom of Information Act.

This request is made pursuant to the Rules Enabling Act and Judicial Improvements and Access to Justice Act, 28 U.S. Code §§ 332(d)(1), 2071(b), 2071(d), and 2077(a) (requiring publication of all "rules" and "operating procedures"); and the Judiciary's internal policies which provide for access to records in a way similar to the Freedom of Information Act.

I am partially blind. I request that you make all responses by email, and provide records in their original, native electronic format if you have an electronic copy, and by a PDF scan if you only have the records in paper format.

This request is made on behalf of both myself, Sai (in personal capacity) and Fiat Fiendum, Inc. (in official capacity). Fiat Fiendum is a 501(c)(3) nonprofit organization whose purposes include promotion of transparency in laws and research on topics related to the judiciary.

Please note that “Sai” is my full legal name. I am agender.

For any documents too large to send by email, there is an upload link below. There is also a physical address below. Please do not physically mail any responses without my explicit request; instead, send everything by email or by upload to the link below.

Sincerely,
Sai
President, Fiat Fiendum, Inc.

From:

I am out of the office from 06/19/2019 04:30 PM until 06/20/2019 08:00 AM.

I am out of the office and not checking email while away. I will be happy
to respond to you when I return. You may call 504- 310-7700 for assistance
or visit our website, www.ca5.uscourts.gov, for further guidance. Thank
you,

5th Circuit Staff: If you have a parking issue, please contact Heather at
ext. 7621, If you have an office maintenance issue, please contact the
Fiscal Department at ext. 7805.

Thank you.

Note: This is an automated response to your message "Freedom of Information
Act Request: Court policies re IFP qualification" sent on 06/20/2019
02:21:52 AM.

This is the only notification you will receive while this person is away.

From: United States Court of Appeals for the Fifth Circuit

Dear Sai,

The rules which identify which Motions the Clerk may rule on are posted on
our website, here is a link:
http://www.ca5.uscourts.gov/docs/default-source/forms-and-documents---clerks-office/rules/federalrulesofappellateprocedure
FRAP 27.1 identifies which Motions the clerk may rule on. A party may
file for a Rehearing on Orders granting or denying a motion, a rehearing
of a Clerk issued order then goes to a Judge.
Each motion is ruled on individually based on documents submitted to the
court, see FRAP 24.

I hope this answers your question.
Have a nice day!

Margaret Dufour
Help Desk
5th Circuit Court of Appeals
ca05_cmecf@ca5.uscourts.gov

From: Sai

Thank you for your response.

Yes, I am aware that 5th Cir. R. 27.1.17 allows a clerk to rule on FRAP 24 IFP motions.

However, it does not give standards for what does or does not qualify for IFP status. The clerk's office must have an internal operating procedure policy that specifies this, e.g. listing thresholds of income or assets, or other circumstances, that qualify or disqualify a person for IFP status.

It is that, unpublished, policy which I have requested.

Sincerely,
Sai

From:

I am out of the office from 06/24/2019 04:45 PM until 06/25/2019 08:00 AM.

I am out of the office and not checking email while away. I will be happy
to respond to you when I return. You may call 504- 310-7700 for assistance
or visit our website, www.ca5.uscourts.gov, for further guidance. Thank
you,

5th Circuit Staff: If you have a parking issue, please contact Heather at
ext. 7621, If you have an office maintenance issue, please contact the
Fiscal Department at ext. 7805.

Thank you.

Note: This is an automated response to your message "RE: Freedom of
Information Act Request: Court policies re IFP qualification" sent on
06/25/2019 01:14:44 AM.

This is the only notification you will receive while this person is away.

From: United States Court of Appeals for the Fifth Circuit

Dear Sai,

My previous email provides our complete response. Thank you.

Very Respectfully,

Margaret H. Dufour
Executive Assistant to the Clerk of Court
Lyle W. Cayce
U.S. COURT OF APPEALS, 5TH CIR.
504-310-7655

Files

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