Lowe v. Pogue
Headline: Court denies free filing request and bars an individual from further noncriminal petitions unless he pays fees and follows filing rules after repeated frivolous submissions.
Holding: The Court refused free-filing status and barred further noncriminal petitions from an individual unless he pays the docketing fee and submits petitions that meet the Court’s filing requirements.
- Blocks this individual’s noncriminal filings unless fees are paid and rules are followed.
- Clerk will refuse to accept frivolous noncriminal petitions from this filer.
- Does not stop the filer from challenging criminal convictions or sanctions.
Summary
Background
An individual who files his own cases without a lawyer asked to proceed without paying the Court’s filing fee (a free-filing request). The Court notes he has filed numerous petitions, many previously found frivolous, and that earlier requests for free filing were already denied, so he sought leave to proceed again.
Reasoning
The Court addressed whether to allow him to keep filing in forma pauperis (free filing) and to accept his new petitions. The Court denied the free-filing request under its rule for frequent frivolous filers, counted a total of 31 frivolous petitions, and said he must pay the docketing fee and follow the Court’s filing-form rules. The Court also ordered the Clerk not to accept further petitions for review or extraordinary writs from him in noncriminal matters unless he pays the fee and files correctly. The Court limited its sanction to noncriminal cases and explained the restriction helps the Court focus limited resources on meritorious claims.
Real world impact
Practically, this order stops the individual from filing new civil or other noncriminal appeals at the Court unless he pays the required fee and corrects his filings. The restriction does not bar him from asking the Court to review criminal cases, so challenges to criminal sanctions remain possible. The order is a procedural sanction aimed at conserving the Court’s time rather than a decision on the merits of any of his claims.
Dissents or concurrances
Justice Stevens dissented, noting prior reasons he has explained in earlier cases, and respectfully disagreed with the majority’s action.
Opinions in this case:
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