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THOMAS v. HOLDER

No. 12-5228.

750 F.3d 899 (2014)

Keith THOMAS, Appellant v. Eric H. HOLDER, Jr., U.S. Attorney General Real Party in Interest and Anthony Hedgpeth, Warden Salinas Valley State Prison, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided May 6, 2014.

Attorney(s) appearing for the Case

Sat Nam S. Khalsa , appointed by the court, argued the cause as amicus curiae in support of appellant. With him on the briefs was Anthony F. Shelley , appointed by the court.

Jane M. Lyons , Assistant U.S. Attorney, argued the cause for appellee. With her on the brief were Ronald C. Machen Jr. , U.S. Attorney, and R. Craig Lawrence , Assistant U.S. Attorney.

Concurring opinion filed by Circuit Judge TATEL.

On Motion for Reconsideration

TATEL, Circuit Judge:

After Appellant, a state prisoner, failed to respond to our order to show cause why he should not be compelled to pay a required filing fee, we dismissed his appeal for failure to prosecute. Now supported by amicus counsel, Appellant has moved for reconsideration of our dismissal, contending that requiring him to pay a filing fee would unconstitutionally deprive him of his right to access the courts. Without...

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