Aery v. Lewis
- Katherine Menendez
- 0:22-cv-00012
- U.S. District Court · District of Minnesota
- 2
In Aery v. Lewis, Judge Thorson denied James Paul Aery’s request for an emergency injunction requiring court funding for litigation costs.
James Paul Aery’s request for court funding of litigation expenses was denied; the order addressed no underlying claims against the named deputies.
What happened
Aery v. Lewis concerned James Paul Aery’s request for an emergency injunction. He asked the court to provide resources for litigation expenses, including phone calls and envelopes.
The court explained that permission to proceed without paying filing fees does not require the court to pay a party’s discovery or other litigation costs. The court relied on decisions stating that federal funds generally cannot be used to cover the expenses of an indigent civil litigant’s case.
The court denied Aery’s request that it finance his litigation costs. The order was signed by United States Magistrate Judge Becky R. Thorson.
The detailed version
- Aery v. Lewis · No. 0:22-cv-00012
- Katherine Menendez
- July 20, 2022
Background
James Paul Aery sued Deputy Nick Lewis, Deputy Kyle Beckwith, and unknown deputies in their individual and official capacities. The court had allowed Aery to proceed without paying filing fees. On July 18, 2022, Aery filed a motion for an emergency injunction asking the court to arrange sufficient resources to cover litigation expenses, including phone calls and envelopes.
Analysis
The court explained that the statute allowing a person to proceed without paying filing fees does not require a court to pay that person’s discovery costs or other expenses related to the case. The court cited decisions stating that a court generally may not commit federal funds to pay the necessary expenses of an indigent civil litigant’s lawsuit.
Ruling
The court denied Aery’s request that it finance the costs of his litigation. The order was signed by Becky R. Thorson, United States Magistrate Judge.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.