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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
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
- Mar 02 2026Petition 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)
- Feb 23 2026DISTRIBUTED for Conference of 2/27/2026.
- Feb 13 2026DISTRIBUTED for Conference of 2/20/2026.
- Jan 20 2026DISTRIBUTED for Conference of 1/23/2026.
- Jan 12 2026DISTRIBUTED for Conference of 1/16/2026.
- Dec 23 2025Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioners.
- Dec 23 2025DISTRIBUTED for Conference of 1/9/2026.
- Dec 23 2025Reply of petitioners Topaz Johnson, et al. filed. (Distributed)
- Dec 15 2025Brief of respondents High Desert State Prison, et al. in opposition filed.
- Nov 14 2025Brief amici curiae of Public Justice, et al. filed. (Distributed)
- Oct 24 2025Motion to extend the time to file a response is granted and the time is extended to and including December 15, 2025, for all respondents.
- Oct 23 2025Motion 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.
- Oct 10 2025Petition for a writ of certiorari filed. (Response due November 14, 2025)