In Re Sindram

1991-02-19
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Headline: Court blocks an indigent man from filing future extraordinary-writ requests for free, upholding fee requirements and forcing payment or proper paperwork before considering such emergency petitions.

Holding: The Court denied the petitioner’s request to proceed without paying fees for an extraordinary writ and barred future free extraordinary-writ filings from him unless he pays the docketing fee and follows filing rules.

Real World Impact:
  • Stops this indigent filer from asking for extraordinary court orders without paying fees unless he follows filing rules.
  • Requires payment of the docketing fee and compliance with filing rules to have such petitions considered.
  • Leaves open other free filings if they do not abuse the privilege.
Topics: free filing requests, court filing fees, frivolous petitions, docket management

Summary

Background

An individual who represents himself and says he has almost no income asked the Court for an extraordinary court order to make a state appeals court move faster on his speeding-ticket appeal so his record could be expunged. The papers show he has repeatedly filed dozens of petitions and motions in recent years, including many certiorari and rehearing requests, and has used the Court’s free-filing procedure in the past.

Reasoning

The Court considered whether this repeated pattern justified denying the petitioner permission to proceed without paying fees for extraordinary writs. Citing a recent decision treating such relief as rare, the Court said the instant petition did not show that other courts could not provide relief and described the filings as repetitious and frivolous. The Court therefore denied the request to proceed without fees and ordered that future extraordinary-writ petitions from this filer will not be accepted unless he pays the docketing fee and files papers that comply with the Court’s rules; he may still seek other types of free filings if he qualifies and does not abuse the privilege.

Real world impact

The order prevents this particular indigent filer from asking the Court for immediate extraordinary relief without first paying fees and following filing rules. The ruling addresses court resource concerns and is procedural, not a decision on the underlying speeding case; the petitioner could still seek review if he pays fees and follows the Court’s procedures.

Dissents or concurrances

Two Justices dissented, arguing the Court unfairly singles out an indigent litigant, lacks authority to bar future free filings prospectively, and risks closing the door to potentially meritorious future claims.

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