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Topaz Johnson, et al. v. High Desert State Prison, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 23-15299, 23-15396 · judgment January 27, 2025


Certiorari denied · March 2, 2026
Pre-decision estimate: 5% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for counsel who has won certiorari before and a Ninth Circuit decision below.

Question presented

Does 28 U.S.C. § 1915(b)(1) require each incarcerated plaintiff filing in forma pauperis to pay the full amount of a filing fee whether or not he is filing a joint civil action with other plaintiffs? (i)

Counsel of record

For petitioner
Easha Anand
Roderick & Solange MacArthur Justice Center

For respondent
Aaron Daniel Pennekamp
State of California Department of Justice

Case

Conference history
Distributed for 5 conferences

Amicus briefs
1 cert-stage

Argument & decision

Decided March 2, 2026.

Proceedings

  1. Mar 02 2026
    Petition DENIED. Justice Kagan would grant the petition for a writ of certiorari. Justice Sotomayor, with whom Justice Jackson joins, dissenting from denial of certiorari. (Detached Opinion)
  2. Feb 23 2026
    DISTRIBUTED for Conference of 2/27/2026.
  3. Feb 13 2026
    DISTRIBUTED for Conference of 2/20/2026.
  4. Jan 20 2026
    DISTRIBUTED for Conference of 1/23/2026.
  5. Jan 12 2026
    DISTRIBUTED for Conference of 1/16/2026.
  6. Dec 23 2025
    Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioners.
  7. Dec 23 2025
    DISTRIBUTED for Conference of 1/9/2026.
  8. Dec 23 2025
    Reply of petitioners Topaz Johnson, et al. filed. (Distributed)
  9. Dec 15 2025
    Brief of respondents High Desert State Prison, et al. in opposition filed.
  10. Nov 14 2025
    Brief amici curiae of Public Justice, et al. filed. (Distributed)
  11. Oct 24 2025
    Motion to extend the time to file a response is granted and the time is extended to and including December 15, 2025, for all respondents.
  12. Oct 23 2025
    Motion of respondent Sergeant Robert Sylva to extend the time to file a response from November 14, 2025 to December 15, 2025, submitted to The Clerk.
  13. Oct 10 2025
    Petition for a writ of certiorari filed. (Response due November 14, 2025)