The Pennsylvania Superior Court has ordered a Blair County judge to review a decision he made last year to deny an Altoona man the right to proceed with a civil case without paying court costs and fees.

But as explained by the appeals court panel that made the decision, the judge himself in a letter requested the review.

The case in question was brought before Blair County President Judge Wade E. Kagarise in October 2024 by Michael Jerome Irby Jr., of Altoona, who wanted to file a civil case against an employee of a Hollidaysburg business, Joe’s Kwik Mart.

He contended that the employee, referred to by the pseudonym Jane Doe, had assaulted him.

Irby filed a petition with the court seeking permission that he be granted In Forma Paupersis (IFP) status in the filing of his lawsuit.

If granted, that would mean he could move forward with his complaint without paying various expenses associated with court proceedings.

He filed his civil complaint in Blair County on Oct. 24, 2024, along with his request for IFP status.

“On Oct. 29, 2024, the trial court denied (Irby’s) request for IFP status without holding a hearing and without providing reasons for its decision,” according to the opinion issued this week by Superior Court Judges Alice B. Dubow, Carolyn H. Nichols and Correale F. Stevens.

Irby filed a timely appeal to the decision, and Kagarise in a letter requested the Superior Court to send the case back to him, addressing whether IFP is warranted.

The Superior Court panel summed up Irby’s case by stating, “The crux of (Irby’s argument) is that the trial court erred when it denied him IFP status without holding a hearing and without providing any rationale for denying the petition?”

In its review, the panel stated, “We are constrained to conclude that the trial court abused its discretion and committed an error of law, as Irby was not afforded the proper procedures to determine whether he was entitled to proceed IFP.”

The panel concluded that it agreed with the judge that the case should be sent back to him for further review.

The Superior Court instructions stated the judge is to determine if Irby can proceed In Forma Paupersis.

If the judge disbelieves any statement in Irby’s petition, he is to hold a hearing on the matter.

And, in conclusion, if the judge denies Irby’s petition “in whole or in part,” he is to cite his reasons why.

The defendants in the case include the company that owns the store, the alleged unknown assailant (Jane Doe) and the Hollidaysburg Police Department.