Opinion · Supreme Court of the United States

In Re Sindram

498 U.S. 177

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1991-02-19
Topic
bankruptcy

How later courts describe this case

  • finding that a federal court’s “authority to deny IFP status to a prisoner who has abused the privilege is clear” and does not impede right to access to the courts
  • directing the clerk of the Court not to accept further IFP extraordinary writ petitions from the petitioner
  • denying petitioner IFP status whenever seeking an extraordinary writ because petitioner’s forty-three petitions and motions over three years were an abuse of the privilege
  • requiring petitioner to pay docketing fees for extraordinary writs after petitioner filed 43 petitions within three years
  • requiring petitioner to pay docketing fees for extraordinary writs and petitions after having filed 43 petitions within three years
  • explaining Rule 41(d) shifts costs for lawsuits dismissed diminished deterrent effect on pro se by the plaintiff and later recommenced: prisoners
  • directing the clerk not to accept further in forma pauperis extraordinary writ petitions from the petitioner
  • observing the court’s “duty to deny in forma pauperis status to those individuals who have abused the system”

Citator

UpLaw has not yet analyzed In Re Sindram. The absence of a flag is not a finding that it is good law.

Authority status
pending
Cited by
309 opinions

Headnotes

  1. General — Federal Practice — In Forma Pauperis Status A court may deny in forma pauperis status, both in the pending matter and prospectively in future petitions for extraordinary relief, to a litigant who has abused the privilege of proceeding without payment of fees by filing numerous frivolous and repetitious petitions, in order to prevent such filings from disrupting the fair allocation of judicial resources. 498 U.S. at 179–180
  2. General — Federal Practice — Extraordinary Writs The issuance of an extraordinary writ is itself extraordinary, and a petition that merely repeats claims previously presented and rejected, without any showing that adequate relief cannot be had in another form or from another court and without identifying any drastic circumstance justifying relief, is frivolous and abusive and fails on its face to satisfy the requirements for issuance of the writ. 498 U.S. at 179–180 (citing In re McDonald, 489 U.S. 180, 184–185 (1989); Kerr v. United States District Court, 426 U.S. 394, 402–403 (1976); Ex parte Fahey, 332 U.S. 258, 259 (1947))
  3. General — Federal Practice — In Forma Pauperis Status Because pro se petitioners are not subject to the financial considerations—such as filing fees and attorney's fees—that deter other litigants from filing frivolous petitions, they have a greater capacity than most litigants to disrupt the fair allocation of judicial resources; the risk of abuse is particularly acute for applications for extraordinary relief, which are not subject to any time limitations and may be filed at any time without limitation. 498 U.S. at 179–180 (citing In re McDonald, 489 U.S. 180, 184 (1989))
  4. General — Federal Practice — Frivolous Petitions The court has a duty to deny in forma pauperis status to individuals who have abused the system, because the goal of fairly dispensing justice is compromised when the court is forced to devote its limited resources to processing repetitious and frivolous requests; a denial of in forma pauperis status for extraordinary writs does not bar the litigant from filing in forma pauperis requests for other forms of relief if he qualifies and does not similarly abuse that privilege. 498 U.S. at 180
IN RE SINDRAM,498 U.S. 177(1991)
IN RE SINDRAM
ON MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS
No. 90-6051
Decided January 7, 1991
Pro sepetitioner Sindram sought an extraordinary writ and permission to proceedin forma pauperisunder this Court's Rule39. In the past three, years, he has filed 43 petitions and motions with the Court. The legal bases offered in support of his request for extraordinary relief are identical to those presented in many of his prior petitions for certiorari or rehearing.Held:Sindram is deniedin forma pauperisstatus in this and all future petitions for extraordinary relief, and the Clerk is directed not to accept any further petitions from him for such relief unless he pays the docketing fee required by this Court's Rule38(a) and submits his petition in compliance with Rule 33. On its face, his petition does not even remotely satisfy the requirements for issuance of an extraordinary writ. Forcing the Court to devote its limited resources to processing frivolous and abusive petitions such as Sindram's compromises the goal of fairly dispensing justice.Pro sepetitioners, who are not subject to the financial considerations that deter other litigants from filing frivolous petitions, have a greater capacity than most to disrupt the fair allocation of judicial resources.In reMcDonald,489 U.S. 180,184. The risk of abuse is particularly acute with respect to applications for extraordinary relief, which are not subject to any time limitations. Sindram remains free to filein formapauperisrequests for relief other than an extraordinary wit if he qualifies under Rule 39 and does not similarly abuse that privilege.

Motion denied.
PER CURIAM.
Pro sepetitioner Michael Sindram seeks an extraordinary writ pursuant to28 U.S.C. § 1651, and requests permission to proceedin formapauperisunder this Court's Rule39. This is petitioner's twenty-fourth filing before this Court in the October 1990 Term alone. Pursuant to our decision inIn re McDonald,489 U.S. 180(1989), we deny the motion for leave to proceedin forma pauperis.

Petitioner is no stranger to this Court. In the last three years, he has filed 42 separate petitions and motions, includingPage 17821 petitions for certiorari, 16 petitions for rehearing, and 2 petitions for extraordinary writs.1Without recorded dissent, the Court has denied all of his appeals, petitions, and motions.2Petitioner has nonetheless persisted in raising essentially the same arguments in an unending series of filings. Like the majority of petitioner's previous submissions to this Court, the instant petition relates to a speeding ticket thatPage 179petitioner received on May 17, 1987, in Dorchester County, Maryland. Having already challenged his conviction for speeding in five different state and federal courts on 27 prior occasions, petitioner now requests that the Court issue a writ compelling the Maryland Court of Appeals to expedite consideration of his appeal in order that the speeding ticket may be expunged from his driving record. The petition for mandamus was filed less than three months after he filed his appeal with the Maryland court.

The mandamus petition alleges only that petitioner's "appeal in the lower court remains pending and unacted upon," and that "[a]s a direct and proximate cause of this dilatory action, Petitioner is unable to have his driving record expunged." Pet. for Mandamus 2. The legal bases offered by petitioner for relief were presented in eight prior cert petitions, and are identical to the claims unsuccessfully presented in at least 13 of petitioner's rehearing petitions.

As we made clear inMcDonald, the granting of an extraordinary writ is, in itself, extraordinary.489 U.S., at 184-185; seeKerrv.UnitedStates District Court,426 U.S. 394,402-403(1976). On its face, this petition does not even remotely satisfy the requirements for issuance of an extraordinary writ. Petitioner has made no showing that "adequate relief cannot be had in any other form or from any other court" as required by this Court's Rule 20.1. He identifies no "drastic" circumstance to justify extraordinary relief (seeEx parteFahey,332 U.S. 258,259(1947)). Instead, he merely recites the same claims that he has presented to this Court in over a dozen prior petitions. Petitioner's request that we consider these claims yet again is both frivolous and abusive.

InMcDonald, supra, we deniedin forma pauperisstatus to a petitioner who filed a similarly nugatory petition for extraordinary writ. As we explained, the Court waives filing fees and costs for indigent individuals in order to promote the interests of justice. The goal of fairly dispensing justice, however, is compromised when the Court is forced to devotePage 180its limited resources to the processing of repetitious and frivolous requests.Pro sepetitioners have a greater capacity than most to disrupt the fair allocation of judicial resources, because they are not subject to the financial considerations — filing fees and attorney's fees — that deter other litigants from filing frivolous petitions.Id., at 184. The risks of abuse are particularly acute with respect to applications for extraordinary relief, since such petitions are not subject to any time limitations and, theoretically, could be filed at any time, without limitation. In order to prevent frivolous petitions for extraordinary relief from unsettling the fair administration of justice, the Court has a duty to denyin forma pauperisstatus to those individuals who have abused the system. Under the circumstances of this case, we find it appropriate to denyin forma pauperisstatus to petitioner in this and all future petitions for extraordinary relief.

Accordingly, if petitioner wishes to have his petition considered on its merits, he must pay the docketing fee required by Rule 38(a) and submit a petition in compliance with Rule 33 of the Rules of this Court before January 28, 1991. The Clerk is directed not to accept any further petitions from petitioner for extraordinary writs pursuant to28 U.S.C. § 1651(a),2241, and2254(a), unless he pays the docketing fee required by Rule 38(a) and submits his petition in compliance with Rule 33. Petitioner remains free under the present order to fileinforma pauperisrequests for relief other than an extraordinary writ, if he qualifies under this Court's Rule39and does not similarly abuse that privilege.It is so ordered.
JUSTICE MARSHALL, with whom JUSTICE BLACKMUN and JUSTICE STEVENS join, dissenting.
To rid itself of the minor inconvenience caused by Michael Sindram, anin forma pauperislitigant, the Court closes its doors to futureinforma pauperisfilings by Sindram for extraordinary writs and hints that restrictions on other filingsPage 181might be forthcoming. Because I continue to believe that departures of this sort from our generous tradition of welcoming claims from indigent litigants is neither wise nor warranted by statute or our rules, seeIn re McDonald,489 U.S. 180,185(1989) (Brennan, J., dissenting, joined by MARSHALL, BLACKMUN, and STEVENS, JJ.), I dissent.

As the Court documents, Sindram's filings have been numerous, and many have been frivolous. In my view, however, the Court's worries about the threats that hyperactivein forma pauperislitigants like Sindram pose to our ability to manage our docket are greatly exaggerated, and do not support the penalty that the Court imposes upon him. We receive countless frivolousin forma pauperisfilings each year, and, as a practical matter, we identify and dispense with them with ease. Moreover, indigent litigants hardly corner the market on frivolous filings. We receive a fair share of frivolous filings from paying litigants. Indeed, I suspect that, because clever attorneys manage to package these filings so their lack of merit is not immediately apparent, we expend more time wading through frivolous paid filings than through frivolousin forma pauperisfilings. To single out Sindram in response to a problem that cuts across all classes of litigants strikes me as unfair, discriminatory, and petty.

The Court's crackdown on Sindram's future filings for extraordinary writs is additionally disconcerting when one considers the total absence of any authority for the penalty the Court administers. As Justice Brennan keenly pointed out inIn re McDonald, seeid., at 185-186, thein forma pauperisstatute permits courts only to dismiss an action that is in fact frivolous. See28 U.S.C. § 1915(d). That statute, however, does not authorize us prospectively to bar aninforma pauperisfiling on the ground that the litigant's earlier filings in unrelated actions were frivolous. This Court's Rules are equally silent on the matter. Rule 39, which governsin forma pauperisproceedings, includes no provision allowing prospective denial ofinforma pauperisstatus. WhilePage 182Rule 42.2 permits assessing costs and damages for frivolous filings, it says nothing about saddling an indiscriminate litigant with what amounts to an injunction on future filings.

Some of ourin forma pauperisfilings are made by destitute or emotionally troubled individuals. As we struggle to resolve vexing legal issues of our day, it is tempting to feel put upon by prolific litigants who temporarily divert our attention from these issues. In my view, however, the minimal annoyance these litigants might cause is well worth the cost. Our longstanding tradition of leaving our door open to all classes of litigants is a proud and decent one worth maintaining. SeeTalaminiv.Allstate Insurance Co.,470 U.S. 1067,1070(1985) (STEVENS, J., concurring).

Moreover, we should not presume in advance that prolific indigent litigants will never bring a meritorious claim. Nor should we lose sight of the important rolein forma pauperisclaims have played in shaping constitutional doctrine. See,e.g., Gideonv.Wainwright,372 U.S. 335(1963). As Justice Brennan warned, "if . . . we continue on the course we chart today, we will end by closing our doors to a litigant with a meritorious claim."In re McDonald, supra, at 187. By closing our door today to a litigant like Michael Sindram, we run the unacceptable risk of impeding a future Clarence Earl Gideon. This risk becomes all the more unacceptable when it is generated by an ineffectual gesture that serves no realistic purpose other than conveying an unseemly message of hostility to indigent litigants.

I dissent.
JUSTICE BLACKMUN, with whom JUSTICE MARSHALL joins, dissenting.
I join JUSTICE MARSHALL's dissent. I write separately simply to emphasize what seems to me to be the inappropriateness of the Court's action in this particular case. Even if one believes, as I do not, that this Court has the authority prospectively to deny leave for a litigant to proceedin forma pauperis, and in some instances the may be justified in doing so,Page 183I cannot conclude that such action is warranted in this case. Jessie McDonald, the first and only otherpro selitigant to whom this Court has barred its doors prospectively, had filed 19 petitions for extraordinary relief when the Court concluded that he had abused the privilege of filingin forma pauperis. SeeIn re McDonald,489 U.S. 180,181, and n. 3 (1989). As the Court today acknowledges, however, Michael Sindram has filed only two petitions for extraordinary relief since 1987: a petition for writ of habeas corpus filed in 1988 and the pending petition far mandamus.Ante, at 178, and n. 1.

While it may well be true that each of Sindram's petitions for extraordinary relief lacked merit, it cannot be, as the Court asserts, that these two petitions have "compromise[d]" the "goal of fairly dispensing justice," or "disrupt[ed] the fair allocation of judicial resources."Ante, at 179-180. Rather, the Court's order in this case appears to be nothing more than an alternative for punishing Sindram for the frequency with which he has filed petitions for certiorari and petitions for rehearing.Ante, at 177-178. Accordingly, I dissent.Page 184
  1. Page 178See Sindramv.Reading, No. 87-5734, cert. denied,484 U.S. 1013, motion to file late petition for rehearing denied,488 U.S. 935(1988);Sindramv.W W Associates, No. 87-6689, cert. denied,486 U.S. 1024(1988);Sindramv.Taylor, No. 88-5386, cert. denied,488 U.S. 911, rehearing denied,488 U.S. 987(1988);Sindramv.Maryland, No. 89-5039, cert. denied,493 U.S. 857(1989);In reSindram, No. 88-6538, petition for writ of habeas corpus denied,489 U.S. 1064(1989);Sindramv.Ahalt, No. 89-6755, cert. denied,494 U.S. 1086(1990);Sindramv.District of Columbia, No. 89-7266, cert. denied,496 U.S. 940, rehearing denied,497 U.S. 1047(1990);Sindramv.N. Richard Kimmel Prop., No. 89-7847, cert. denied,ante, p. 843, rehearing denied,ante, p. 973;Sindramv.Washington Suburban Sanitary Comm'n, No. 89-7848, cert. denied,ante, p. 843, rehearing denied,ante, p. 974;Sindramv.Garabedi, No. 90-5335, cert. denied,ante, p. 872, rehearing denied,ante, p. 974;Sindramv.Steuben Cty., No. 90-5351, cert. denied,ante, p. 873, rehearing denied,ante, p. 974;Sindramv.Consumer Protection Comm'n ofPrince George's County, No. 90-5371, cert. denied,ante, p. 874, rehearing denied,ante, p. 974;Sindramv.Abrams, No. 90-5373, cert. denied,ante, p. 874, rehearing denied,ante, p. 974;Sindramv.Nissan Motor Corp., No. 90-5374, cert. denied,ante, p. 891, rehearing denied,ante, p. 974;Sindramv.Ryan, No. 90-5410, cert. denied,ante, p. 901, rehearing denied,ante, p. 974;Sindramv.Sweeney, No. 90-5456, cert. denied,ante, p. 903, rehearing denied,ante, p. 974;Sindramv.Wallin, 90-5577, cert. denied,ante, p. 944, rehearing denied,ante, p. 973;Sindramv.McKenna, No. 90-5578, cert. denied,ante, p. 944, rehearing denied,ante, p. 973;Sindramv.Lustine Chevrolet, Inc., No. 90-5698, cert. denied,ante, p. 969;Sindramv.Montgomery Cty., No. 90-5699, cert. denied,ante, p. 948, rehearing denied,ante, p. 973; andSindramv.Moran, No. 90-5885, cert. denied,ante, p. 988, pet. for rehearing pending. A response inSindramv.Maryland, No. 90-5352, was received on November 19, 1990, and the petition for certiorari is presently pending. ↩
  2. Page 178 We have permitted petitioner to proceedin forma pauperisin each of these actions based upon his affidavit that he earns only $2,600 per year and has no assets of any value. ↩