868 A.2d at 402 Order denying in forma pauperis status is final and appealable20 citing casesholding that “an order denying in forma pauperis status is a final, appealable order
- Kirby, J. v. Thompson, R., No. 304 WDA 2024 (Pa. Super. Ct. Feb. 7, 2025).unpublishedThis appeal arises from extensive litigation between Kirby and various Allegheny County agencies regarding a 2017 juvenile dependency proceeding that culminated in the termination of Kirby’s parental rights to minor child _________________…
- In the Matter of Tax Sale 2023 ~ Appeal of: M.C. Romig, No. 2 C.D. 2024 (Pa. Commw. Ct. Jan. 28, 2025).unpublishedPa. R.A.P. 341; Grant v. Blaine, 868 A.2d 400, 402 (Pa. 2005).
- Batterman, C. v. Santo, S., No. 3136 EDA 2023 (Pa. Super. Ct. Jan. 15, 2025).unpublishedBatterman filed an answer to the divorce ____________________________________________ 1“[A]n order denying [IFP] status is a final, appealable order[.]” Grant v. Blaine, 868 A.2d 400, 402 (Pa. 2005).
- Kovalev, S. v. Stepansky, I., No. 3484 EDA 2019 (Pa. Super. Ct. Sept. 23, 2020).unpublishedCourt, 339 U.S. 844 (1950) (per curiam); Grant v. Blaine, 868 A.2d 400, 402-03 (Pa. 2005) ____________________________________________ 3In December 2019, Appellant filed an Application to proceed IFP, which was deferred to this panel. 4 Th…
- Shore v. Pa. Dep't of Corr., 179 A.3d 441 (Pa. 2018).published An order denying a petition to proceed IFP is a final, appealable order, Grant v. Blaine, 868 A.2d 400, 402 (Pa. 2005), which is reviewed for an abuse of discretion or an error of law.
- D.R.M. v. N.K.M., 153 A.3d 348 (Pa. Super. Ct. 2016).published“an order denying in forma, pauperis status is a final, appeal-able order”
- J.J. Lynch v. A.L. Gittlelmacher, No. 2467 C.D. 2015 (Pa. Commw. Ct. June 8, 2016).unpublished“[a] litigant who is denied the ability to bring a cause of action due to his true inability to pay the costs is effectively put out of court”
- Chromack, N. v. Williams, T., No. 733 WDA 2015 (Pa. Super. Ct. Jan. 29, 2016).unpublishedWe first note that this issue is properly before us as our Supreme Court has held that “an order denying in forma pauperis status is a final, appealable order.” Amrhein v. Amrhein, 903 A.2d 17, 19 (Pa. Super. 2006) (quoting Grant v. Blaine…
- J. Lichtman v. The Honorable Arnold New, No. 549 C.D. 2015 (Pa. Commw. Ct. Aug. 27, 2015).unpublished“[a] litigant who is denied the ability to bring a cause of action due to his true inability to pay the costs is effectively put out of court”
- J.A. Paluch, Jr. v. J.S. Shaffer, No. 2126 C.D. 2014 (Pa. Commw. Ct. Aug. 25, 2015).unpublishedGrant v. Blaine, 868 A.2d 400, 402-03 (Pa. 2005); Commonwealth v. Lepre, 18 A.3d 1225 , 1226 n.3 (Pa. Super. 2011); Amrhein v. Amrhein, 903 A.2d 17, 19 (Pa. Super. 2006).
Show 8 more citing cases
- Crock, T. v. Craig, W., No. 1235 WDA 2014 (Pa. Super. Ct. July 14, 2015).unpublishedOur Supreme Court has held that “an order denying in forma pauperis status is a final, appealable order.” Id. (quoting Grant v. Blaine, 868 A.2d 400, 402 (Pa. 2005) (emphasis omitted)). -6- J-S32004-15 [document] is not withdrawn or approp…
- Amrhein v. Amrhein, 903 A.2d 17 (Pa. Super. Ct. 2006).published“an order denying in forma pauperis status is a final, appeal-able order”
- Batterman, C. v. Santo, S., No. 967 EDA 2022 (Pa. Super. Ct. Sept. 27, 2022).unpublishedSee Grant v. Blaine, 868 A.2d 400, 402 (Pa. 2005). -2- J-S27003-22 J-S27004-22 regard to two of the orders, he also argues that the trial court’s failure to conduct a hearing deprived him of due process.
- Batterman, C. v. Santo, S., No. 145 EDA 2022 (Pa. Super. Ct. July 27, 2022).unpublishedSee Grant v. Blaine, 868 A.2d 400, 402 (Pa. 2005). 2Mother commenced divorce proceedings, but the record does not disclose whether a divorce decree has been entered.
- Kovalev, S. v. Bd. of Rev. of Taxes, No. 3 EAL 2020 (Pa. July 8, 2020).published(holding that “an order denying in forma pauperis status is a final, appealable order)
- Kovalev, S. v. Bd. of Rev. of Taxes, No. 5 EAL 2020 (Pa. July 8, 2020).published(holding that “an order denying in forma pauperis status is a final, appealable order)
- Kovalev, S. v. Bd. of Rev. of Taxes, No. 4 EAL 2020 (Pa. July 8, 2020).published(holding that “an order denying in forma pauperis status is a final, appealable order)
- Garland, K. v. Gardner, D., No. 2433 EDA 2018, 2019 WL 517687 (Pa. Super. Ct. Feb. 11, 2019).unpublishedSee Grant v. Blaine, 868 A.2d 400, 402-403 (Pa. 2005); Crosby Square Apartments v. Henson, 666 A.2d 737, 738 (Pa.Super. 1995).
868 A.2d at 403 holding “an order denying in forma pauperis status is a final, appealable order.9 citing cases
- A.P. Pew v. J. or J. Doe, No. 1130 C.D. 2022 (Pa. Commw. Ct. Apr. 7, 2025).unpublishedGrant v. Blaine, 868 A.2d 400, 403 (Pa. 2005).
- J.J. Taylor v. G. Payne, No. 210 C.D. 2023 (Pa. Commw. Ct. Oct. 17, 2024).unpublishedIn Grant v. Blaine, our Supreme Court made clear that “an order denying in forma pauperis status is a final, appealable order.” 868 A.2d 400, 403 (Pa. 2005).
- C. Caldwell v. Sec. J. Wetzel, No. 26 C.D. 2022 (Pa. Commw. Ct. Jan. 10, 2024).unpublishedCOVEY, Judge HONORABLE STACY WALLACE, Judge HONORABLE MARY HANNAH LEAVITT, Senior Judge OPINION NOT REPORTED MEMORANDUM OPINION BY JUDGE COVEY FILED: January 10, 2024 Clay Caldwell (Caldwell) appeals from the Centre County (County) Common…
- Com. v. Retzler, W., No. 221 EDA 2017 (Pa. Super. Ct. Sept. 15, 2017).unpublished(citation and quotation marks omitted)
- Weaver, R. v. Commonwealth of PA, No. 608 WDA 2016 (Pa. Super. Ct. Sept. 29, 2016).unpublished(holding “an order denying in forma pauperis status is a final, appealable order.)
- Commonwealth v. Lepre, 18 A.3d 1225 (Pa. Super. Ct. 2011).publishedThe order did not address the merits of Lepre’s actual IFP status. 3 .”[A]n order denying in forma pauperis status is a final, appealable order.” Grant v. Blaine, 582 Pa. 1, 4 , 868 A.2d 400, 403 (2005). 4 .
- S.J. Caterbone & Advanced Media Grp. v. Lancaster Cnty. CCP, No. 898 C.D. 2024 (Pa. Commw. Ct. June 5, 2026).unpublished“[A]n order denying in forma pauperis status is a final, appealable order”
- Credico, J. v. Officer Romero, No. 1017 EDA 2017 (Pa. Super. Ct. Oct. 24, 2017).unpublishedSee Grant v. Blaine, 868 A.2d 400, 403 (Pa. 2005).
- Iwanicki, C. v. Delbalso, T., No. 777 MDA 2014 (Pa. Super. Ct. Oct. 22, 2014).unpublished(holding that “an order denying in forma pauperis status is a final, appealable order.)
582 Pa. at 3 “an order denying in forma pauperis status is a final, appealable order”0 citing cases
582 Pa. at 4 “a litigant who is denied the ability to bring a cause of action due to his true inability to pay the costs is effectively put out of court.”0 citing cases
Other citing cases
- Mental Health Assoc. v. Biggins, T., No. 2990 EDA 2015 (Pa. Super. Ct. Nov. 17, 2016).unpublished
- Moyer v. Gresh, 904 A.2d 958 (Pa. Super. Ct. 2006).published
- Grant v. Blaine, 890 A.2d 32 (Pa. Commw. Ct. 2006).published
- H.M. v. R.m.-r., No. 1401 MDA 2017 (Pa. Super. Ct. Jan. 23, 2018).unpublished
v.
Superintendent Connor BLAINE, Security Captain Roach, Captain D. Grainy, Correctional Officer D. Grim, Correctional Officer D. Crump, Correctional Officer Cox, Correctional Officer Stewart, and Correctional Officer Corbett, Appellees
OPINION
Justice EAKIN.Appellant, Demetrius J. Grant, appeals from the per curiam order of the Commonwealth Court quashing his appeal from the denials of his applications to proceed in forma pauperis. We reverse.
On June 8, 2003, appellant, a prisoner at the SCI Waynesburg, filed a prison condition litigation action, seeking to proceed informa pauperis. The trial court denied appellant’s request, citing 42 Pa.C.S. § 6602(a)(2)(ii), [1] finding the average monthly deposits to his prison account exceeded the filing fee.
Appellant filed an appeal with the Commonwealth Court, which entered a per curiam order quashing the notice and amended notices of appeal, stating the denial of in forma pauperis status is not appealable. See Grant v. Blaine, et al., No. 1630 CD 2003, unpublished order (Pa.Cmwlth. filed July[*3] 31, 2003). We granted review to consider the propriety of such order.
Appellant contends the Commonwealth Court erred in quashing his appeal. Specifically, he contends an order denying in forma pauperis status is a final, appealable order because it has the practical consequence of putting him out of court. [2]
In Pugar v. Greco, 483 Pa. 68, 394 A.2d 542 (1978), this Court addressed the finality of orders:
It is, of course, well settled that an appeal will lie only from a final order unless otherwise permitted by statute. A final order is one which usually ends the litigation, or alternatively, disposes of the entire case. In determining what constitutes a final order ... we look to “a practical rather than technical construction” of an order.... “Whether an order is final and appealable cannot necessarily be ascertained from the face of a decree alone, nor simply from the technical effect of the adjudication. The finality of an order is a judicial conclusion which can be reached only after an examination of its ramifications.” We have also said that if the practical consequence of the order by the trial court is effectively to put an appellant “out of court” the order will be treated as final. Similarly, an order is “final” if it precludes a party from presenting the merits of his claim to the lower court.
Id., at 544-45 (internal citations and footnote omitted).
Despite the order herein, both the Superior and Commonwealth Courts have previously reviewed denials of in forma pauperis status. See Harry v. Lehigh Valley Hosp., 825 A.2d 1281 (Pa.Super.2003) (order denying informa pauperis status appealable); Crosby Square Apts. v. Henson, 446 Pa.Super. 286, 666 A.2d 737 (1995) (order denying in forma pauperis status final and appealable); Banks v. Ryan, 124 Pa.Cmwlth. 603, 556 A.2d 950 (1989) (same); Koziatek v. Marquett, 335 Pa.Super. 482, 484 A.2d 806 (1984) (same); Sellers v. Sellers, [*4] 293 Pa.Super. 265, 438 A.2d 986 (1981) (appeal from denial in part of in forma pauperis status properly before court).
In Roberts v. United States Dist. Court, 339 U.S. 844, 70 S.Ct. 954, 94 L.Ed. 1326 (1950) (per curiam), petitioner, a prisoner, filed a petition for a writ of injunction, seeking to proceed in forma pauperis. Id., at 844, 70 S.Ct. 954. The United States Supreme Court held a District Judge’s denial of the right to proceed in forma pauperis is immediately appeal-able. Id. (citing 28 U.S.C. § 1291; Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949)); see also Deutsch v. United States, 67 F.3d 1080, 1083 (3d Cir.1995) (order denying informa pauperis status appeal-able “because an in forma pauperis plaintiff must be afforded appellate review of a determination that he is required to pay all or a portion of the court costs and filing fees to file a claim....”); Sinwell v. Shapp, 536 F.2d 15 (3d Cir.1976) (order denying motion to proceed in forma pauperis appeal-able).
Although we are not bound by these decisions, we find them persuasive. Appellant was denied the ability to proceed in forma pauperis; this ruling denied him the filing of his prison litigation action. If such denial were not immediately appeal-able, appellant would be left without remedy should the trial court have been in error.
Denial of this status to one who does not qualify does not improperly deny access to the courts; conversely, improper denial of status is improper denial of access. A litigant who is denied the ability to bring a cause of action due to his true inability to pay the costs is effectively put out of court. Because such a denial may close the courthouse door to litigants, they must be permitted to appeal the denial of in forma pauperis status. In accordance with this Court’s analysis in Pugar, looking at the trial court’s order, and determining “the practical consequence ... is effectively to put an appellant ‘out of court’,” id., at 544-45, we hold an order denying in forma pauperis status is a final, appealable order.
[*5] The Commonwealth Court erred in quashing appellant’s appeal from the denial of informa pauperis status.
Order reversed. Jurisdiction relinquished.
. A prisoner seeking to bring prison conditions litigation without the prepayment of fees or security due to indigency must submit a request to the court to proceed without the prepayment of fees. The request must include a certified copy of the prisoner’s prison account statement, which shall be provided by the prison, for the six-month period immediately preceding the filing of the complaint or notice of appeal. The request shall include a statement of any other assets of the prisoner.
42 Pa.C.S. § 6602(a)(1).
The court shall deny in forma pauperis status to any prisoner where: (ii) the average monthly deposits or average highest monthly balance for the six-month period preceding the filing of the action exceeds the amount of the filing fee____
Id., § 6602(a)(2)(ii).
. Appellees did not file a brief.