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Appeal fees for poor litigants

Elhadj Alpha Mahmoud Souare v. K. Sickels

Updated Nov 11, 2026

In brief

Where it stands
Petition Pending

Awaiting an order on the petition

No decision timeline until the Court agrees to hear the case.

What it’s about
Elhadj Alpha Mahmoud Souare asks the Supreme Court to review how the Sixth Circuit handled his request to appeal without paying fees, including the standard for reviewing a finding that his appeal was not in good faith and whether the appeals court used the right test for a nonfrivolous issue (one with a reasonable legal basis).
What's at stake
Souare's request to appeal without paying fees—and the tests used to assess it—remains unresolved.

Summary: written with AI from the case record.

What it's about

He also challenges the district court’s fee-related findings and its denial of a hearing on his request.

Federal rules let people who cannot afford court fees ask to proceed without paying them; Souare disputes how courts applied those rules to his appeal.

Question presented

1. Whether a district court's certification under 28 U.S.C. § 1915(a)(3) that an appeal is "not taken in good faith" is subject to de novo review, as the Seventh and Fifth Circuits hold, or abuse-of-discretion review, as the Sixth Circuit holds, where the circuits are intractably split on the standard of review for a statutory provision governing access to the federal courts for indigent litigants. 2. Whether a court of appeals may deny leave to proceed in forma pauperis on appeal by applying the "inability to pay" standard of 28 U.S.C. § 1915(a)(1) rather than the "good faith" standard of § 1915(a)(3), thereby conflating two distinct statutory requirements and denying appellate review without ever determining whether the appeal raises a nonfrivolous issue. 3. Whether a district court acts arbitrarily and capriciously in violation of the Due Process Clause when it simultaneously offers to reopen a case upon payment of fees and certifies under § 1915(a)(3) that an appeal would not be taken in good faith, where the two findings are logically irreconcilable. 4. Whether a district court violates procedural due process by denying a motion to proceed in forma pauperis without holding an evidentiary hearing, where the court has "strong reason to believe" the poverty affidavit is implausible.

What happens next

The next step is for the Court to decide whether to hear the petition. No oral argument or decision date is set.

Documents

1

Docket activity

5
  • New analysis added

    Nov 11, 2026 · Court records

  • AI analysis generated: Case Briefing

    Nov 11, 2026 · Generated

  • Case data updated: summary, question_presented, generation_metadata

    Nov 11, 2026 · Court records

  • Case data updated: question_presented, extraction_metadata

    Nov 11, 2026 · Court records

  • Brief added: Petition

    Aug 14, 2026 · Court records

More questions

1
What specific errors does Souare allege?
He disputes the review standard and says the appeals court used an ability-to-pay test instead of checking for a nonfrivolous issue (one with a reasonable legal basis). He also says the district court made conflicting fee findings and should have held a hearing.

Sources

Primary materials from the Court and the parties. Grounded in docket records and cited sources. Official filings and opinions remain authoritative.

Checked Nov 11, 2026Methodology

Court records and filings