Commercial Litigation and Arbitration

FRAP 38 Sanctions: Until Paid, Filing Bar Imposed in All Federal Courts in The Circuit

Allison El v. United States, 2024 U.S. App. LEXIS 24068 (7th Cir. Sept. 20, 2024) (unpublished):

Our decision in this appeal, issued on August 29, 2024, ordered Allison to show cause why the court should not impose a penalty under Federal Rule of Appellate Procedure 38 in response to this frivolous appeal. Allison responded, repeating versions of the arguments in his appellate brief and hypothesizing that his arguments would have been better received if he had been represented by counsel. But Allison's pro se status had no bearing on the outcome in the district court or on appeal—his baseless claim of being immune from taxation is the reason for sanctions.

So, for the reasons given in our order of August 29, we fine Allison $1,000 for engaging in frivolous litigation. [*2]  The fine, payable to the Clerk of Court, is due immediately. Until Allison has paid this sanction in full, the clerks of all federal courts in this circuit will return unfiled any papers submitted either directly or indirectly by or on behalf of Allison. See In re City of Chicago, 500 F.3d 582, 584-86 (7th Cir. 2007); Support Sys. Int'l, Inc. v. Mack, 45 F.3d 185, 186 (7th Cir. 1995). This bar does not apply to filings in criminal cases or to applications for writs of habeas corpus. See Mack, 45 F.3d at 186-87. This order will be lifted immediately when Allison makes full payment. See City of Chicago, 500 F.3d at 585-86. If Allison, despite his best efforts, is unable to pay in full all outstanding sanctions, he is authorized to submit to this court a motion to modify or rescind this order no earlier than two years from the date of this order. See id.; Mack, 45 F.3d at 186. Any such application for relief must show in detail why the fine has not been fully paid.

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