A pro se litigant has no license to harass others, clog the judicial machinery with meritless litigation, or abuse overloaded court dockets.
After a pro se litigant filed a complaint alleging fraud, breach of contract, usury, and RICO violations that was dismissed as frivolous, he refiled an augmented complaint against the same parties. The district court dismissed the second complaint, imposed monetary sanctions under Rule 11, and enjoined the litigant from filing further actions against the defendants based on those claims. The court must determine if such sanctions are appropriate for meritless litigation. Because a pro se status provides no license to harass others, clog the judicial machinery, or abuse overloaded dockets, the court applied its inherent power and Rule 11 to uphold the sanctions and impose additional monetary penalties on appeal.
At page 359 Pro se litigants lack license to harass or abuse court406 citing casesThat his filings are pro se offers Farguson no impenetrable shield, for one acting pro se has no license to harass others, clog the judicial machinery with meritless litigation, and abuse already overloaded court dockets.
- Dickerson v. New Jersey Inst. of Tech. Bd. of Trs., No. 2:24-cv-10425 (D.N.J. July 29, 2025).unpublished ([O]ne acting pro se has no license to harass others, clog the judicial machinery with meritless litigation, and abuse already overloaded court dockets)
- Dickerson v. New Jersey Inst. of Tech., No. 2:19-cv-08344 (D.N.J. July 29, 2025).unpublished ([O]ne acting pro se has no license to harass others, clog the judicial machinery with meritless litigation, and abuse already overloaded court dockets)
- Jennings v. United States, No. 4:24-cv-00046 (W.D. Tex. June 24, 2025).([O]ne acting pro se has no license to harass others, clog the judicial machinery with meritless litigation, and abuse already overloaded court dockets.)
- Zawislak v. Mem'l Hermann Se. Hosp., No. 4:21-cv-03098 (S.D. Tex. Sept. 19, 2022).([O]ne acting pro se has no license to harass others, clog the judicial machinery with meritless litigation, and abuse already overloaded court dockets.)
- Merkle v. Gragg, No. 5:19-cv-00640 (W.D. Tex. May 22, 2020).(That his filings are pro se offers Farguson no impenetrable shield, for one acting pro se has no license to harass other, clog the judicial machinery with meritless litigation, and abuse already overloaded court docket…)
- Terra Partners v. Rabo Agrifinance Inc., e, 504 F. App'x 288 (5th Cir. 2012).unpublished (That his filings are pro se offers ... no impenetrable shield, for one acting pro se has no license to harass others, clog the judicial machinery with meritless litigation, and abuse already overloaded court dockets.)
- Coghlan v. Starkey, 852 F.2d 806 (5th Cir. 1988).published (That his filings are pro se offers Farguson no impenetrable shield, for one acting pro se has no license to harass others, clog the judicial machinery with meritless litigation, and abuse already overloaded court docke…)
- Singleton, No. 2:26-cv-00447 (E.D. La. June 16, 2026). Likewise, the Fifth Circuit has emphasized that pro se status does not provide “an impenetrable shield,” noting that a self-represented litigant has “no license to harass others, clog the judicial machinery with meritless litigation, and a…
- Andrew Michael Demos, No. 23-15254 (Bankr. S.D. Florida Apr. 20, 2026).Fla. Apr. 13, 2026), Dkt No. 20. 11 Patterson v. Aiken, 841 F.2d 386, 387 (11th Cir. 1988) (quoting Farguson v. MBank Houston, N.A., 808 F.2d 358, 359 (5th Cir.1986); Vital Pharmaceuticals, 671 B.R. at 828-29 (citing same). proceed.
- Quinn, No. 3:25-cv-00736 (S.D. Miss. Apr. 20, 2026).But Quinn’s pro se status does not “offer[ him an] impenetrable shield, for one acting pro se has no license to harass others, clog the judicial machinery with meritless litigation, and abuse already overloaded court dockets.” Farguson v.…
Show 37 more citing cases
- Le, No. 4:25-cv-00209 (S.D. Tex. Apr. 13, 2026).Tex. Jan. 13, 2026) (quoting Farguson v. MBank Houston, N.A., 808 F.2d 358, 359 (Sth Cir. 1986)), report and recommendation adopted, 2026 WL 269365 (N.D.
- Antoine, No. 2:25-cv-00892 (W.D. La. Mar. 9, 2026).Pro se litigants have “no license to harass others, clog the judicial machinery with meritless litigation, and abuse already overloaded court dockets.” Farguson v. MBank Houston, N.A., 808 F.2d 358, 359 (5th Cir. 1986).
- Frey v. Health Mgmt. Sys., No. 25-20146 (5th Cir. Mar. 6, 2026).unpublishedTo begin, we start with the district court’s conclusion that Frey’s lawsuit against Defendants-Appellees was “clearly frivolous.” “A claim is frivolous if it has no arguable support in existing law or any reasonably based suggestion for it…
- Peters, No. 4:24-cv-00772 (S.D. Tex. Jan. 15, 2026).Farguson v. MBank Houston, N.A., 808 F.2d 358, 359 (5th Cir. 1986).
- Hunsinger, No. 3:25-cv-01880 (N.D. Tex. Jan. 13, 2026).And pro se status does not provide an “impenetrable shield,” “for one acting pro se has no license to harass others, clog the judicial machinery with meritless litigation and abuse already overloaded court dockets.” Farguson v. MBank Houst…
- Moath Benyamen Youse Asfour v. Uber Tech. Inc., No. 1:25-cv-01898 (W.D. Tex. Jan. 9, 2026).While pro se complaints are held to “less stringent standards than formal pleadings drafted by lawyers,” Haines v. Kerner, 404 U.S. 519, 520 (1972), a plaintiff’s pro se status offers “no impenetrable shield, for one acting pro se has no l…
- Winningham, No. 4:25-cv-01299 (N.D. Tex. Jan. 5, 2026).Pro se litigants have “no license to harass others, clog the judicial machinery with meritless litigation, and abuse already overloaded court dockets.” Farguson v. MBank Houston, N.A., 808 F.2d 358, 359 (5th Cir. 1986).
- Pena, No. 1:25-cv-01790 (W.D. Tex. Nov. 24, 2025).However, pro se status does not offer a plaintiff an “impenetrable shield, for one acting pro se has no license to harass others, clog the judicial machinery with meritless litigation, and abuse already overloaded court dockets.” Farguson…
- Birdlong, No. 6:25-cv-00635 (W.D. La. Nov. 24, 2025).Furthermore, pro se litigants have “no license to harass others, clog the judicial machinery with meritless litigation, and abuse already overloaded court dockets.” Farguson v. MBank Houston, N.A., 808 F.2d 358, 359 (5th Cir. 1986).
- Ejim, No. 1:25-cv-01798 (W.D. Tex. Nov. 17, 2025).While pro se complaints are held to “less stringent standards than formal pleadings drafted by lawyers,” Haines v. Kerner, 404 U.S. 519, 520 (1972), a plaintiff’s pro se status offers “no impenetrable shield, for one acting pro se has no l…
- Thompson, No. 1:25-cv-00327 (W.D. Tex. Nov. 10, 2025).And although a court must construe a pro se’s allegations liberally, see Erickson v. Pardus, 551 U.S. 89, 94 (2007), a plaintiff’s pro se status does not offer him “an impenetrable shield, for one acting pro se has no license to harass oth…
- Holloway, No. 4:25-cv-01128 (N.D. Tex. Oct. 30, 2025).Pro se litigants have “no license to harass others, clog the judicial machinery with meritless litigation, and abuse already overloaded court dockets.” Farguson v. MBank Houston, N.A., 808 F.2d 358, 359 (5th Cir. 1986).
- Doe, No. 1:25-cv-01194 (W.D. Tex. Oct. 29, 2025).And although a court must construe a pro se’s allegations liberally, see Erickson v. Pardus, 551 U.S. 89, 94 (2007), a plaintiff’s pro se status does not offer him “an impenetrable shield, for one acting pro se has no license to harass oth…
- Turner, No. 1:25-cv-01566 (W.D. Tex. Oct. 27, 2025).However, the petitioner’s pro se status does not offer him “an impenetrable shield, for one acting pro se has no license to harass others, clog the judicial machinery with meritless litigation and abuse already overloaded court dockets.” F…
- Reyna, No. 1:25-cv-01676 (W.D. Tex. Oct. 27, 2025).However, pro se status does not offer a plaintiff an “impenetrable shield, for one acting pro se has no license to harass others, clog the judicial machinery with meritless litigation, and abuse already overloaded court dockets.” Farguson…
- Brown, No. 3:25-cv-01544 (N.D. Tex. Oct. 21, 2025).Tex. Apr. 9, 2008) (quoting Farguson v. MBank Houston, N.A., 808 F.2d 358, 359 (5th Cir. 1986)).
- Rideaux, No. 1:25-cv-01340 (W.D. Tex. Oct. 20, 2025).And although a court must construe a pro se’s allegations liberally, see Erickson v. Pardus, 551 U.S. 89, 94 (2007), a plaintiff’s pro se status does not offer him “an impenetrable shield, for one acting pro se has no license to harass oth…
- Darryl Edmond Palmer, No. 3:25-bk-00009 (Bankr. N.D.W. Va. Oct. 20, 2025).His pro se status does not offer him “an impenetrable shield, for one acting pro se has no license to harass others, clog the judicial machinery with meritless litigation and abuse already overloaded court dockets.” Farguson v. MBank Hous.…
- Cave, No. 1:25-cv-00590 (W.D. Tex. Oct. 10, 2025).However, a plaintiff’s pro se status does not offer him “an impenetrable shield, for one acting pro se has no license to harass others, clog the judicial machinery with meritless litigation and abuse already overloaded court dockets.” Farg…
- Augustin, No. 1:25-cv-01577 (W.D. Tex. Oct. 9, 2025).N.A., 808 F.2d 358, 359 (5th Cir. 1986).
- Reyna, No. 1:25-cv-01504 (W.D. Tex. Oct. 9, 2025).However, pro se status does not offer a plaintiff an “impenetrable shield, for one acting pro se has no license to harass others, clog the judicial machinery with meritless litigation, and abuse already overloaded court dockets.” Farguson…
- Albert, No. 1:25-cv-01497 (W.D. Tex. Oct. 9, 2025).N.A., 808 F.2d 358, 359 (5th Cir. 1986).
- Lewis, No. 1:25-cv-01519 (W.D. Tex. Oct. 9, 2025).N.A., 808 F.2d 358, 359 (5th Cir. 1986).
- Winston, No. 1:25-cv-01485 (W.D. Tex. Oct. 9, 2025).And although a court must construe a pro se’s allegations liberally, see Erickson v. Pardus, 551 U.S. 89, 94 (2007), a plaintiff’s pro se status does not offer him “an impenetrable shield, for one acting pro se has no license to harass oth…
- Joe, No. 3:25-cv-02519 (N.D. Tex. Oct. 6, 2025).Pro se litigants have “no license to harass others, clog judicial machinery with meritless litigation, and abuse already overloaded court dockets.” Farguson v. MBank Hous., N.A., 808 F.2d 358, 359 (5th Cir. 1986).
- Daniels, No. 1:25-cv-01076 (W.D. Tex. Oct. 6, 2025).However, pro se status does not offer a plaintiff an “impenetrable shield, for one acting pro se has no license to harass others, clog the judicial machinery with meritless litigation, and abuse already overloaded court dockets.” Farguson…
- Tucker, No. 1:25-cv-01307 (W.D. Tex. Oct. 6, 2025).And although a court must construe a pro se’s allegations liberally, see Erickson v. Pardus, 551 U.S. 89, 94 (2007), a plaintiff’s pro se status does not offer him “an impenetrable shield, for one acting pro se has no license to harass oth…
- Reyna, No. 1:25-cv-01498 (W.D. Tex. Oct. 1, 2025).However, pro se status does not offer a plaintiff an “impenetrable shield, for one acting pro se has no license to harass others, clog the judicial machinery with meritless litigation, and abuse already overloaded court dockets.” Farguson…
- Poullard v. Guillory, No. 6:25-cv-00744 (W.D. La. Sept. 26, 2025).Farguson v. MBank Houston, N.A., 808 F.2d 358, 359 (Sth Cir. 1986). 'S Southwestern Bell Telephone, LP yv.
- Loredo, No. 1:25-cv-01511 (W.D. Tex. Sept. 25, 2025).However, pro se status does not offer a plaintiff an “impenetrable shield, for one acting pro se has no license to harass others, clog the judicial machinery with meritless litigation, and abuse already overloaded court dockets.” Farguson…
- Mark Thompson v. Silver Springs Apt., No. 1:25-cv-01224 (W.D. Tex. Sept. 25, 2025).However, pro se status does not offer a plaintiff an “impenetrable shield, for one acting pro se has no license to harass others, clog the judicial machinery with meritless litigation, and abuse already overloaded court dockets.” Farguson…
- Kershaw, No. 1:25-cv-01357 (W.D. Tex. Sept. 24, 2025).While pro se complaints are held to “less stringent standards than formal pleadings drafted by lawyers,” Haines v. Kerner, 404 U.S. 519, 520 (1972), a plaintiff’s pro se status offers “no impenetrable shield, for one acting pro se has no l…
- Mapes, No. 1:25-cv-01335 (W.D. Tex. Sept. 23, 2025).While pro se complaints are held to “less stringent standards than formal pleadings drafted by lawyers,” Haines v. Kerner, 404 U.S. 519, 520 (1972), a plaintiff’s pro se status offers “no impenetrable shield, for one acting pro se has no l…
- Scott v. Devill Jail, No. 1:25-cv-01478 (W.D. Tex. Sept. 18, 2025).However, the petitioner’s pro se status does not offer him “an impenetrable shield, for one acting pro se has no license to harass others, clog the judicial machinery with meritless litigation and abuse already overloaded court dockets.” F…
- Hanlan v. The United States Goverment, No. 5:25-cv-00500 (W.D. Tex. Sept. 17, 2025).A party’s pro se status does not offer him “an impenetrable shield, for one acting pro se has no license to . . . clog the judicial machinery with meritless litigation and abuse already overloaded court dockets.” Farguson v. MBank Houston,…
- Jenkins v. Campos, No. 1:25-cv-01246 (W.D. Tex. Sept. 16, 2025).While pro se complaints are held to “less stringent standards than formal pleadings drafted by lawyers,” Erickson v. Pardus, 551 U.S. 89, 94 (2007), the plaintiff’s pro se status offers “no impenetrable shield, for one acting pro se has no…
- Jenkins v. Thomas, No. 1:25-cv-01247 (W.D. Tex. Sept. 16, 2025).While pro se complaints are held to “less stringent standards than formal pleadings drafted by lawyers,” Erickson v. Pardus, 551 U.S. 89, 94 (2007), the plaintiff’s pro se status offers “no impenetrable shield, for one acting pro se has no…
At page 360 Imposing sanctions and injunction to protect court jurisdiction63 citing cases“must be tailored to protect the courts and innocent parties, while preserving the legitimate rights of litigants.”
- In re: Bell Fam. Trust v. Mary Sue Bell, Sue Bell Holdings, L.L.C., & Amerada Hess Corp., No. 02-05045 (Bankr. W.D. La. Dec. 16, 2025).Ed. 2d 62 (2023). 31 Id. at 937 (citing Farguson v. MBank Hous., N.A., 808 F.2d 358, 360 (5th Cir. 1986)).
- Loza, No. 7:24-cv-00401 (S.D. Tex. Nov. 20, 2025).“This includes enjoining future filings to protect its jurisdiction and control its docket.” Clark, 93 F. App’x at 654 (citing Farguson v. MBank Houston, N.A., 808 F.2d 358, 360 (Sth Cir. 1986)).
- Okorie, No. 2:24-cv-00091 (S.D. Miss. Oct. 22, 2025).An injunction should be “tailored to protect the courts and innocent parties, while preserving the legitimate rights of litigants.” Farguson v. MBank Houston, N.A., 808 F.2d 358, 360 (5th Cir. 1986).
At page 358 “an impenetrable shield, for one acting pro se has no license to harass others, clog the judicial machinery with meritless litigation and abuse already overloaded court dockets.”0 citing cases
v.
MBANK HOUSTON, N.A., Et Al., Defendants-Appellees
Claiming fraud, breach of contract, usury, and RICO violations, Edward M. Farguson filed a pro se complaint against MBank Houston, N.A. and others. His complaint was dismissed with prejudice as “frivolous and irrational” by the District Court for the Southern District of Texas in Civil Action No. H-85-6556. Undaunted, Farguson filed the instant complaint against the same parties on the same claims, as augmented. A different judge of the same court dismissed the second complaint, imposed monetary sanctions under Fed.R. Civ.P. 11, and ordered that Farguson “refrain from instituting any further actions against any or all of the Defendants herein based on any matters set forth in his Complaint at bar lest he be ordered to appear and show cause why he should not be held in contempt of court.” Farguson filed a notice of appeal and now applies for in forma pauperis status. We deny the IFP application, dismiss the appeal and impose further sanctions.
Background
Farguson’s claims have their genesis in a $23,450 loan MBank’s predecessor made to Farguson, secured by a deed of trust on Farguson’s home. The loan bore 7% interest. Farguson’s complaint appears to reason that because MBank is required to keep cash reserves of only 5% of its total deposits, his loan is actually only a loan of 5% of the stated value. Farguson considers the remaining 95% to be illegally created artificial credits, equivalent to money, but not legally substitutable for cash. He also contends that the 7% interest charged is usurious.
Trial Court Sanctions
This court has no desire to deter any litigant from advancing any claim or defense which is arguably supported by existing law, or any reasonably based suggestion for its extension, modification, or reversal. Positions thus taken cannot be considered as frivolous, although they may be unsuccessful and indeed may be given short shrift. But claims and defenses which fall outside of this broad umbrella may prove frivolous. So tested, Farguson’s claims are manifestly and patently frivolous. Southern Leasing Partners v. McMullan, 801 F.2d 783 (5th Cir.1986); Pin v. Texaco, Inc., 793 F.2d 1448 (5th Cir.1986). That his filings are pro se offers Farguson no impenetrable shield, for one acting pro se has no license to harass others, clog the judicial machinery with meritless litigation, and abuse already overloaded court dockets.
Although the first complaint was found to be frivolous and irrational, the district court dismissed with prejudice but without imposing sanctions. When Farguson persisted and refiled an embellished complaint against the same parties the district court acted within its range of discretion in imposing Fed.R.Civ.P. 11 sanctions.[*360] The monetary sum imposed, $500 to each party brought before the court, was well within the court’s range of authority. So too the further sanction, ordering Farguson to refrain from filing suit against these defendants on these claims. The injunction component of the sanctions imposed is a drastic remedy, but it is warranted in the present case.
In Day v. Allstate Ins. Co., 788 F.2d 1110 (5th Cir.1986), we cautioned that where monetary sanctions are ineffective in deterring vexatious filings, enjoining such filings would be considered. Our colleagues in the Second Circuit have reached the same conclusion. In re Martin-Trigona, 737 F.2d 1254 (2d Cir.1984). As that court aptly noted, the injunction against future filings must be tailored to protect the courts and innocent parties, while preserving the legitimate rights of litigants. The court’s power to enter such orders flows not only from various statutes and rules relating to sanctions, [1] but the inherent power of the court to protect its jurisdiction and judgments and to control its docket.
The injunction imposed by the district court is specific and limited. It relates only to the same claims against the same defendants. Other claims or claims against other parties are not enjoined. And with the simple expedient of leave of court, claims against these same parties, which might be taken as similar, may be presented. Accordingly, while the order penalizes Farguson for abusive litigation, the injunction imposed by the district court serves only to effectuate its judgment and protect these named defendants from further litigation on claims which twice have been found to be frivolous.
In Martin-Trigona, a broader injunction, prohibiting any filings in any federal court without leave of that court, was upheld. In Day, we recognized that such a broad order may be appropriate if a litigant is engaging in a widespread practice of harassment against different people. While such generalized protection is not warranted in this case, we sound another warning to those who would misuse the courts that such sanctions are available for use.
Sanctions on Appeal
We may impose sanctions on appeal, sua sponte if necessary. In the instant case such sanctions are warranted. Stites v. Comm’r, 793 F.2d 618 (5th Cir.1986). We impose monetary sanctions against Farguson of $500, payable to the clerk of this court. In the setting as here presented, the monetary sanction is payable to our clerk for deposit into the Treasury of the United States. 28 U.S.C. § 711(c). As an additional non-monetary sanction, we further order that neither the clerk of this court, nor the clerk of any federal court over which we have jurisdiction, where Farguson has been ordered to pay sanctions, shall accept any further filings by Farguson until all monetary sanctions imposed have been paid in full and satisfactory proof thereof has been furnished. This court and the involved district courts may grant relief from this requirement in a proper case.
The application for IFP is DENIED and the appeal is DISMISSED.
. The power to impose sanctions results from specific congressional grants and from court rules. Representative citations include: 5 U.S.C. § 552b(i); 15 U.S.C. § 4303; 21 U.S.C. §§ 455, 1034; 26 U.S.C. § 6673; 28 U.S.C. §§ 1912, 1927; 49 U.S.C. §§ 1686(e), 2014; Fed. R.App.P. 38; Fed.R.Civ.P. 11; Bankruptcy Rule 9011.