In re Leo Stoller

Summary

The United States Court of Appeals for the Federal Circuit dismissed Leo Stoller’s petition for a writ of mandamus seeking to compel the PTO to reopen an attorney disciplinary investigation. The court held that the challenged PTO actions were outside its jurisdiction and denied Stoller’s motion to proceed in forma pauperis because his supporting financial form was incomplete.

Holdings

1. The Federal Circuit lacked jurisdiction to entertain Stoller's mandamus petition because the PTO orders he challenged were not final decisions within the categories specified in 28 U.S.C. § 1295(a)(4), and a writ therefore could not be in aid of the court's jurisdiction.
2. The motion for leave to proceed in forma pauperis was denied because Stoller's submitted form was incomplete and omitted required information concerning income, employment, expenses, and cash held by him and his spouse.

Questions Presented

1. Whether the Federal Circuit had jurisdiction to issue a writ of mandamus directing the PTO to reopen its investigation and review the dismissal of Stoller's disciplinary complaint.
2. Whether Stoller was entitled to proceed in forma pauperis despite submitting an incomplete financial-information form.

Disposition

dismissed