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D. Minn.Procedural orderFiled July 20, 2022

Aery v. Arhart

Judge
Katherine Menendez
Docket
0:21-cv-02375
Court
U.S. District Court · District of Minnesota
Pages
2
Civil ProcedurePreliminary Injunction
In one sentence

In Aery v. Arhart, Judge Thorson denied James Paul Aery’s request for court funding of litigation costs.

Who this affects

The ruling directly affects James Paul Aery’s request for court funding of litigation expenses; it does not award him money or impose relief on Defendant Joshua Arhart.

What happened

In Aery v. Arhart, James Paul Aery asked the court for an emergency injunction requiring it 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 civil litigant’s discovery or other case-related costs. It denied Aery’s request for the court to finance his litigation.

Judge Thorson signed the July 20, 2022 order denying the emergency injunction request.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Aery v. Arhart · No. 0:21-cv-02375
Judge
Katherine Menendez
Date
July 20, 2022

Background

James Paul Aery moved for an emergency injunction on July 18, 2022. He asked the court to arrange sufficient resources to cover litigation costs, including phone calls and envelopes. The court had previously allowed him to proceed without paying filing fees under the federal filing-fee waiver statute.

Court’s Analysis

The court explained that permission to proceed without paying filing fees does not require a court to pay a party’s discovery costs or other expenses associated with a civil case. The court relied on decisions recognizing that federal courts generally may not commit federal funds to pay the necessary expenses of an indigent civil litigant’s action.

Ruling

The court denied Aery’s injunctive request that the court finance the costs of his litigation. Becky R. Thorson, a United States magistrate judge, signed the order.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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