Clervrain v. Lawson
22-1483
| Fed. Cir. | Apr 1, 2022Background
- Clervrain filed a pro se suit in the S.D. Ind.; the district court dismissed the complaint as frivolous in December 2020.
- The district court denied post-judgment relief in March and June 2021 and imposed a filing injunction.
- Clervrain filed a first appeal (transmitted to the Seventh Circuit) on July 4, 2021; the district court denied his motion to waive the appellate docketing fee on July 15, 2021.
- That first appeal was dismissed on February 2, 2022 after Clervrain failed to pay the required fee.
- While the first appeal was pending Clervrain filed additional submissions; the district court ordered some returned unfiled on August 20, 2021.
- On February 15, 2022 Clervrain filed a second notice of appeal to the Federal Circuit and again sought waiver of the docketing fee; the district court denied the waiver on March 1, 2022 as the appeal was not taken in good faith. The Federal Circuit dismissed the appeal as untimely and outside its jurisdiction on April 1, 2022.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Federal Circuit has jurisdiction over this appeal | Clervrain filed the notice to the Federal Circuit and sought review | Defendants: appeal does not invoke any basis of the Federal Circuit’s limited jurisdiction | Held: Federal Circuit lacks jurisdiction because the case does not arise under statutes giving this court appellate jurisdiction |
| Whether the appeal was timely | Clervrain filed a notice of appeal on Feb 15, 2022 | Defendants: no district-court order within 60 days; appeal untimely | Held: Appeal untimely; timely filing is jurisdictional under Bowles v. Russell |
| Whether fee-waiver/IFP should have been allowed for the appeal | Clervrain moved to waive the docketing fee and asserted good faith | Defendants: district court concluded the appeal was not taken in good faith and denied waiver | Held: District court properly denied fee waiver as appeal was not in good faith; motion denied |
| Whether transfer to another court (e.g., Seventh Circuit) was appropriate under 28 U.S.C. § 1631 | Clervrain sought transfer or review by another court | Defendants: even if transferred, other circuits (including Seventh) would lack jurisdiction | Held: Transfer inappropriate because no other court had jurisdiction; dismissal was proper |
Key Cases Cited
- Bowles v. Russell, 551 U.S. 205 (2007) (timely filing of a notice of appeal in a civil action is a jurisdictional requirement)