Supreme Court of the United States · Official docket →
Elhadj Alpha Mahmoud Souare v. United States Citizenship and Immigration Services, et al.
IFP petition · United States Court of Appeals for the Sixth Circuit, No. 26-3063 · judgment August 3, 2026
Question presented
Whether the Sixth Circuit violated the Due Process Clause by dismissing an indigent pro se litigant's appeal for want of prosecution based solely on his inability to pay the appellate filing fee, where the district court simultaneously conditioned any reopening on prepayment of a separate district court filing fee and certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith, thereby constructing a procedural trap that denied petitioner access to any federal court.
Counsel of record
For petitioner
Elhadj Alpha Mahmoud Souare
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 08 2026DISTRIBUTED for Conference of 11/6/2026.
- Sep 28 2026Waiver of right of respondent Federal Respondents to respond filed.
- Aug 05 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 13, 2026)