Demos v. Storrie

Background

John R. Demos Jr., a self-represented filer, has made dozens of fee-waiver filings in this Court since October 1988 and many challenges to lower-court sanctions. Two years earlier the Court had already barred him from asking for extraordinary relief without paying, while allowing other fee-waiver requests if he qualified and behaved. Since that order he filed 14 petitions asking the Court to review lower-court decisions; the Court denied seven outright and denied fee waivers for six.

Reasoning

The Court reviewed Demos’s continued pattern of repetitive and frivolous filings and again applied its Rule 39.8 procedures for limiting abusive filings. It gave Demos until March 29, 1993 to pay the docketing fee required by Rule 38 and to submit his petition in the proper format under Rule 33. Finding his conduct justifies stronger limits, the Court directed the Clerk to reject any future petitions for review in noncriminal matters from Demos unless he pays the fee and files properly.

Real world impact

The decision targets one repeat filer by cutting off the Court’s informal fee-waiver privilege for new noncriminal petitions unless fees are paid and filing rules are followed. It formalizes the Clerk’s authority to refuse future filings from this individual that do not comply. The order is a procedural sanction, not a final judgment on the merits of any underlying claim, and it focuses on managing abusive filings.

Dissents or concurrances

Justice Stevens, joined by Justice Blackmun, dissented, arguing the Court should simply deny repetitive petitions rather than use special procedural orders and raising whether such orders should apply to petitions already pending.