Background
Eber G. Ruth appealed from a case in the U.S. Court of Federal Claims. On August 11, 2026, the Federal Circuit denied his motion for leave to proceed in forma pauperis under the three-strike provision of 28 U.S.C. § 1915(g).
Ruth did not pay the required filing fee. Instead, he moved for “liberal construction,” appearing to argue that § 1915 was “unlawfully stigmatizing.” The court treated the filing, to the extent applicable, as a request to reconsider its earlier denial of in forma pauperis status.
The Court’s Holding
In a nonprecedential per curiam order, the Federal Circuit held that Ruth had not demonstrated any basis for reconsidering the August 11 order denying him leave to proceed in forma pauperis.
The court denied Ruth’s motion and dismissed the appeal for failure to prosecute because he had not paid the filing fee. It directed each party to bear its own costs.
Key Takeaways
- A litigant subject to 28 U.S.C. § 1915(g) must establish a valid basis for reconsideration of an order denying in forma pauperis status.
- A generalized contention that the statute is stigmatizing did not justify reconsideration.
- Failure to pay the required fee after denial of in forma pauperis status can result in dismissal for failure to prosecute.
Why It Matters
The order illustrates the procedural consequences of the three-strikes rule for litigants seeking to proceed without prepaying fees. Once in forma pauperis status was denied, Ruth’s failure to pay the fee prevented the appeal from moving forward.
Because the order is designated nonprecedential, it does not establish binding Federal Circuit precedent.