No. 25-6297

Peter Joseph Polinski v. United States

Lower Court: Federal Circuit
Docketed: 2025-12-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: access-to-courts due-process in-forma-pauperis pro-se rule-41b tucker-act
Key Terms:
Takings DueProcess
Latest Conference: 2026-01-16
Question Presented (from Petition)

1. Whether the Court of Federal Claims may dismiss a pro se complaint for failure to prosecute based solely on an assertedly incomplete in forma pauperis application without employing lesser measures or providing a meaningful opportunity to cure, consistent with due process and access to courts.

2. Whether affirming a Rule 41(b) dismissal that prevents any consideration of a Fifth Amendment takings claim under the Tucker Act, 28 U.S.C. § 1491, is consistent with this Court's pleading standards that judge sufficiency by plausibility rather than proof at the threshold.

Question Presented (AI Summary)

Whether the Court of Federal Claims may dismiss a pro se complaint for failure to prosecute based solely on an assertedly incomplete in forma pauperis application without employing lesser measures or providing a meaningful opportunity to cure, consistent with due process and access to courts

Docket Entries

2026-01-20
Petition DENIED.
2025-12-31
DISTRIBUTED for Conference of 1/16/2026.
2025-12-29
Waiver of United States of right to respond submitted.
2025-12-29
Waiver of right of respondent United States to respond filed.
2025-10-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 5, 2026)

Attorneys

Peter Joseph Polinski
Peter Joseph Polinski — Petitioner
United States
D. John SauerSolicitor General, Respondent