Judd v. United States District Court for the Western District of Texas
Headline: Court blocks a serial pro se filer from submitting further noncriminal certiorari and extraordinary-writ petitions unless he pays required fees and follows filing rules, denying in forma pauperis status as frivolous.
Holding:
- Stops a serial filer from submitting noncriminal petitions unless fees paid and filings follow rules.
- Allows petitioner to still challenge criminal convictions or sanctions.
- Clerk instructed to refuse further noncriminal filings from this litigant until requirements met.
Summary
Background
A pro se petitioner named Judd asked to proceed without paying court fees. The Court reviewed his long history of filings and found many were frivolous. The opinion notes that, before 1995, Judd filed six certiorari petitions that were frivolous and denied, and that after a 1995 denial under Rule 39.8 he filed four more frivolous petitions, bringing the total to twelve. The Court gave Judd a deadline of November 2, 1999 to pay docketing fees and submit a petition that follows the Court’s filing rules.
Reasoning
The central question was whether Judd should be allowed to file in forma pauperis (without paying fees) and whether the Court should block further filings. The Court concluded his requests were frivolous and denied free-filing status under its rules. It entered an order barring future noncriminal certiorari and extraordinary-writ petitions from Judd unless he first pays the required docketing fee and files in compliance with Rule 33.1. The opinion says the sanction is limited to noncriminal matters and cites Martin v. District of Columbia Court of Appeals to justify barring prospective filings.
Real world impact
Practically, Judd must pay the docketing fee and follow the Court’s filing procedures to have noncriminal petitions accepted. The Clerk is instructed not to accept any further noncriminal petitions from him unless he meets those conditions. The order does not stop him from petitioning about criminal sanctions or convictions.
Dissents or concurrances
Justice Stevens filed a short dissent, citing his earlier views in Martin and related cases and respectfully disagreeing with the Court’s order.
Opinions in this case:
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