Joseph Sutherland v. Cook County, Illinois, et al.

Whether, consistent with the Due Process Clause, 28 U.S.C. § 1915, and Federal Rule of Appellate Procedure 24, a federal court of appeals may deny leave to proceed in forma pauperis based on a preliminary merits assessment and then dismiss a first appeal as of right when an indigent appellant cannot prepay the docketing fee.

Whether preliminary in forma pauperis screening may be converted into a dispositive gatekeeping mechanism that forecloses first-tier appellate review before the ordinary appellate process has occurred.