No. 25-6825

Richard R. Lawless v. United States, et al.

Lower Court: Ninth Circuit
Docketed: 2026-02-17
Status: Pending
Type: IFP
IFP
Tags: 28-USC-1915 appellate-procedure due-process-clause factual-record-development frivolous-appeal in-forma-pauperis
Latest Conference: N/A
Question Presented (from Petition)

1. Whether a court of appeals may dismiss an appeal as "frivolous" under 28 U.S.C. § 1915(e)(2) based on a record that was truncated at the screening stage through exclusion of probative evidence, where no adversarial proceedings or factual development occurred below.

2. Whether the Due Process Clause permits a "frivolous" dismissal under § 1915(e)(2) where the litigant was denied the opportunity to develop a factual record, including through adversarial proceedings, and where a parallel federal proceeding involving the same claim has held that the claim cannot be rejected as a matter of law without such development.

Question Presented (AI Summary)

Whether a court of appeals may dismiss an appeal as frivolous under 28 U.S.C. § 1915(e)(2) based on a truncated record lacking probative evidence and adversarial proceedings, and whether such dismissal violates the Due Process Clause when a parallel federal proceeding has held the claim cannot be rejected as a matter of law without factual development

Docket Entries

2025-12-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 19, 2026)

Attorneys

Richard Lawless
Richard R. Lawless — Petitioner
United States, et al.
D. John SauerSolicitor General, Respondent