Justice Roberts
CHICAGO-(AEAE)-FOR THE FIRST TIME IN HISTORY THE SEVENTH CIRCUIT COURT OF APPEAL IMPOSED A "MACK" FILING BAR OVER A DISPUTE INVOLVING A PAUPERIS PETITION FILED BY A PARTY IN A CHAPTER 7 BANKRUPTCY PROCEEDING. Stoller while in Chapter 7 Bankruptcy filed an appeal before the Seventh Circuit Court of Appeals. The Bankruptcy Judge Jack Schmetterer had granted Stoller indigent. Judge Virginia Kendell had granted Stoller motion to appeal in forma pauperis. The Illinois Supreme Court had granted Stoller the right 5 times to Appeal informa pauperis. The Seventh Circuit Court of Appeals denied Stoller the right to appeal informa-pauperis and was given a week to pay the filing fee. Stoller raised the money paid the filing fee. The Seventh Circuit Court of Appeals refered the case to Judge Brown to conduct an investigation as to "how" could Stoller could claim to be a "true" pauper if he was able to come up with the filing fee for his appeal? Without concluding her investigation Judge Brown filed a request for instructions before the Seventh Circuit Court of Appeals. The $450 appeal fee issue was now a full blow Federal Court inquiry which appeared to involve $100,000.00 of dollars in attorneys fees, court fees to get to the bottom of "How could a pauper come up with a appeal fee when he claimed he was a pauper?" The Seventh Circuit choose not to allow Judge Brown to continue her investigation and on Dec. 4, 2009 issued a "Mack" filing bar against Stoller. Stoller will argue to the United Supreme Court that the "Mack" bar is unconstitutional and a violation of his Fifth and Fourteen Amendment rights and is an excessive punshiment which "never" has been imposed on any bankrupt party in the United States since its founding over the filing of a simple pauperis petition. The Special master Judge Brown was especially interested in "How Stoller was able to pay for the "paper" he use to file his cases with?" The decision was issued by Justices frank H. Easterbrook, Richard A. Posner and Diane S. Sykes on Dec. 4, 2009 . It is important to note that the 7th Circuit "mack" bar does not apply to the 2nd, 3rd, 5th, 11th or any other Federal
Circuit Court. Stoller is free to sue in every other Federal Jurisdiction, until the U.S. Supreme Court rules on the Seventh Circuit decision which is the subject of Stoller Writ of Cert. [email protected]
Circuit Court. Stoller is free to sue in every other Federal Jurisdiction, until the U.S. Supreme Court rules on the Seventh Circuit decision which is the subject of Stoller Writ of Cert. [email protected]
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