Argument · Chapter 6

The cost side

§ 1914(a) prices a docket while the duty to respond accrues per party: one $405 fee named 144 defendants, $2.81 a head. No monetary sanctions.

Evidence layer — argument. This page is interpretation, not a record, and it is the only part of this site that argues rather than reports. It adds no facts: every factual claim in it is already published here as a row, and the case, dispute and update ids in the text link to the page carrying each one. Nothing here is a judicial finding, and no court in these records has declared Frank Tufano a vexatious litigant. See Methodology.

Written 6 September 2026. It states the corpus as it stood that day — 95 originating actions, 327 canonical entities and 1,667 statements. The record now holds 98 originating actions, 341 canonical entities and 1,722 statements. Chapters here are revised for defects and are not re-baselined: recomputing a dated figure would replace what was known then with what is known now, and because the corpus grows by discovery as well as by filing, an earlier total cannot be recovered by filtering a later database on dates. Current totals are on Analytics; the corpus ledger sets every chapter side by side.

This chapter cites law as well as corpus rows. The two are kept in separate tables at the end — Sources for the record, Legal authorities for the statutes, rules and opinions — so that the rule this folder runs on, that no fact about the litigation originates in it, stays checkable by inspection.

Revision, 2026-09-11. Two external reviews found four defects here, and all four are repaired. P1 was reported as refuted on a selected sample: the chapter said in one paragraph that its fee table is "a floor, not a rate" and in the next that the table refutes P1. It does not — fee status is recorded where a court had reason to remark on it, and payment is the remarkable case — so P1 is now unsupported, with the narrower claims that are established set out beside it. The exposure bias now has a direction: the 45 excluded records skew long, so the 149-day median is a floor. A units slip in §VI said defendants are named in exactly one action "in 38.8% of cases"; 38.8% is a share of entities. And section II's "last two rows" pointed at a pair the table as printed does not make identifiable, so the rows are now named. Separately, this chapter carries material added on 2026-09-10 — the appellate fees — under a 2026-09-06 as-of date; the body figures remain as of 2026-09-06 and the appellate rows are dated where they appear.

Revision, later on 2026-09-06. Eight duplicate party records were merged that evening — one person recorded twice, surname-first on a state docket and first-name-first on the federal docket it was removed to — so every entity figure in section III moves: 335 canonical entities become 327, 680 party-slots become 673, the mean parties per action falls from 7.23 to 7.08 and the median from 2.5 to 2, and the one-shot share falls from 40.3% to 38.8%. None of it disturbs the argument; section III's point is that burden accrues per name while the fee is charged per filing, and a slightly smaller denominator sharpens rather than softens it. Two stale counts are also corrected: P3 was pre-registered over "the ninety actions he commenced" and section IV repeated it, while five other passages already said 91 — 91 is right, and C105 is why. Section VI's fee-paid count is brought into line with the table in section II, which says 12.

Revision, later on 2026-09-06. C105 entered the corpus after this chapter was first drafted and immediately tripped the exhibit's fee-closure gate, which is what that gate is for. Two things changed as a result. C105 is recorded fee-paid, so §II's table gains a row. And the dollar arithmetic was narrowed to the records that state the amount: it had been multiplying $405 by every fee-paid record, including C073, which says only that he "paid the full filing fee" and names no sum. A fourteenth gate now checks that base in both directions. No claim in this chapter turned on the affected figure — §II quotes the sourced $2,835, not the aggregate — but the aggregate was wrong and is now $4,050 over the ten records that name the amount.


I. Four propositions, before the numbers

This is the third of four demonstrations that nothing converts a visible pattern into a consequence. Chapter 4 took the shape of the litigation and chapter 5 took its narration; this one takes the money, which is the currency in which a consequence would actually have to be denominated if one ever landed.

Chapter 4 stated its claims as falsifiable propositions before reading its exhibit, and reported on each. That habit is worth keeping, so here are this chapter's, written down first.

P1. The filer's marginal cost per action is near zero, because he proceeds in forma pauperis.

P2. What a filing costs him scales, at least loosely, with what it costs the people it names.

P3. Somewhere across the ninety-one actions he commenced, the system recovered some of that cost from him — a monetary sanction, a fee award, or both.

P4. Cost imposition is a marginal theme in what he says publicly: incidental to the disputes rather than characteristic of them.

P2 and P3 are refuted. P1 is not refuted — it is unsupported, and on a sample selected by the very mechanism that recorded it; §II states why the difference matters. P4 survives, and it is the one that limits this chapter rather than supporting it, so it is reported plainly in §V and not argued away.


II. What a filing costs the filer

28 U.S.C. § 1914(a) prices a federal civil case at "a filing fee of $350," payable by "the parties instituting any civil action, suit or proceeding in such court, whether by original process, removal or otherwise," with § 1914(b) authorising such "additional fees only as are prescribed by the Judicial Conference of the United States." The corpus records the sum actually charged in this district as $405, and it records it the same way each time.

P1 is unsupported. Of the 101 docket records this plaintiff commenced, 20 carry any recorded statement about how the filing was paid for — 19 originating actions, once the union-find collapses one state-and-removal pair. Where the record speaks, it says the fee was paid roughly three times as often as it says the fee was waived:

What the record statesRecordsCase ids
Fee paid12C073, C075, C076, C077, C078, C079, C080, C081, C082, C083, C085, C105
IFP granted4C010, C011, C012, C056
IFP sought on appeal2C057, C067
IFP denied2C042, C052
IFP sought, not perfected1C049
Fee ordered, not paid1C017
nothing recorded81

Two of those twelve — C073 and C105 — record that the fee was paid but name no sum, so they are outside the dollar arithmetic even though they are inside the count. Ten records name $405, and $4,050 is the whole of what this corpus can be made to say about money paid at intake.

The IFP sought on appeal and fee ordered, not paid rows were added on 2026-09-10, when the appellate verification pass read dispositions that turned on money rather than on merits. They are appellate fees, which is a different price from the one this section has been pricing: $91.25 in the Superior Court of Pennsylvania, $605 in a federal circuit. Three appeals in this corpus were dismissed for an unpaid fee, and the three are not alike, so they are separated here.

In one the fee was the whole of it. The Third Circuit dismissed No. 24-3329 "for failure to timely prosecute insofar as appellant failed to pay the requisite fee as directed," six months after the district court had certified that the appeal was not taken in good faith and denied leave to proceed in forma pauperis — the C042 row above. Nothing else disposed of it.

In the other two the fee was an independent and sufficient ground rather than the only one. The Superior Court quashed Nos. 711 and 723 MDA 2026 sua sponte on jurisdictional grounds — in the first because the order appealed from was not final, claims against one defendant never having been adjudicated; in the second because an order denying recusal and a stay is interlocutory, and because appellate jurisdiction over tort claims against a local agency lies exclusively in the Commonwealth Court under 42 Pa.C.S.A. § 762(a)(7) — and separately dismissed each for the unpaid $91.25, recording in each case that the $202.91 Lackawanna County card transaction he produced "does not correlate with the filing fee for this appeal."

That is worth stating precisely, because it cuts against the shape of this chapter's argument rather than with it. Everywhere else here, the fee is the one cost the filer does pay and the defendant's costs are the ones nobody records. On appeal the fee bites the filer instead — once on its own, and twice more as a ground that would have sufficed by itself. It is the only price anywhere in this record that has repeatedly stopped a proceeding, and it stopped them without anyone having to ask.

That table is a floor, not a rate, and the reason matters. Fee status is not a column anyone set out to populate; it entered the corpus incidentally, because a report and recommendation happened to mention it in a footnote or a docket entry happened to name a receipt. Eighty-one records say nothing either way. The honest statement is therefore narrow: among the actions whose fee status the record establishes, paying the fee is the common case and waiver is the exception — not that he pays 12 times for every 4 waivers across the corpus.

Why that is "unsupported" and not "refuted"

An earlier draft of this chapter concluded that the table above refutes P1, and it does not. The reason is a selection problem sitting inside the recording mechanism, and it is worth setting out because it recurs wherever a corpus is built from whatever the record happens to mention.

Fee status is selected toward fee-paid by the thing that records it. Nobody set out to populate this column; a value exists only where a court or a docket entry had some reason to say so. And the reason is usually that the fact was remarkable. The clearest case is C073: the report and recommendation notes that he "paid the full filing fee rather than proceeding in forma pauperis" precisely because that fact carries a procedural consequence — no § 1915(e)(2) screening track attaches to a fee-paid complaint. An IFP filing, by contrast, generates its own paperwork and then stops being notable. So the mechanism that put twelve fee-paid records into this corpus is a mechanism with a reason to notice fee payment, and the 81 silent records are not a random sample of the rest.

What can be said, then, is narrower than a refutation and still fatal to P1 as written:

A marginal cost of "near zero" is falsified by $4,050 in receipts. What is not established is the rate — that he pays three times for every waiver — and this chapter makes no such claim. The distinction is the difference between a proposition that died and a proposition nobody could test, and the second is what happened here.

The clearest instance of what the record does establish is the seven actions of 2026-07-29. C077 through C083 were filed on a single day, at 3:26-cv-02132 through 3:26-cv-02138, and the record states they "were fee-paid at $405 under a single shared receipt number 333120943, not filed in forma pauperis." One receipt. Seven actions. $2,835 paid in a day. They were assigned across five different magistrate judges with no consolidation and no common screening order — the intake system treated them as seven unrelated cases, which is chapter 1's finding arriving again at the cashier's window.

Two further recorded facts cut the same way. The report and recommendation in C060 records in its own footnote 1 that when he filed C073 — "raising the identical claims brought in" C060 — he "paid the full filing fee rather than proceeding in forma pauperis," with the consequence that "no 28 U.S.C. 1915(e)(2) screening track applies to it." And in C012 he has repeatedly asked the Lackawanna court either to rule on his pending motions or refund his filing fees so he can pursue the claims elsewhere. A litigant asking for his fees back is a litigant to whom the fee is a real number.

The ability to pay is itself docket-local

The single most telling row in this section is a pair. C011 and C052 are the same originating action. C011 was filed in Lackawanna County, where in forma pauperis status was granted on 2025-05-27 by Judge Nealon. Fenix Internet LLC removed it on 2025-06-26, and in the Middle District of Pennsylvania in forma pauperis status was denied on 2025-08-27.

Neither court was wrong. They were applying different instruments — Pa. R.C.P. No. 240, which routes fee waiver through Pa.R.J.A. 1990, and 28 U.S.C. § 1915(a)(1), which asks for an affidavit that "the person is unable to pay such fees." But the two determinations are about the same person, the same action and the same three months, and they came out opposite ways because each court asked the question inside its own docket. The thesis's central claim is usually stated about counting filings. Here it applies to the poverty determination itself.


III. What one payment obliges

P2 is refuted, and not marginally. § 1914(a) prices the case. The obligation to appear, answer or move is owed by each party named. Nothing connects the two.

As of 2026-09-06 the corpus records 327 canonical entities across the 95 originating actions, filling 673 party-slots. The distribution is extremely uneven:

Defendants named in one actionminmedianmeanmax
127.08144

The five largest actions by parties named:

ActionDefendantsFiledTitle
C0541442025-07-07Tufano v. SHOPIFY (USA) Inc. Corporation Service Company et al
C0501422025-06-02Tufano v. SHOPIFY (USA) Inc. Corporation Service Company et al
C040672024-05-22Tufano v. Frankies Free Range Meat Conspirators
C068252026-04-13Tufano v. Better Life Foods Inc. et al
C066122026-04-02Tufano v. The State of California et al

C054 named 144 entities for the same $405 that C078 paid to name one. That is $2.81 per party. Across the 2026-07-29 block, $2,835 named 21 distinct entities — $135 per party. The filing fee is not a weak proxy for the burden a filing creates; it is uncorrelated with it by construction, because it is charged per docket number and the burden accrues per name in the caption.

The dispersal is as notable as the concentration. 127 of the 327 entities — 38.8% — are named in exactly one originating action, and 104 more in exactly two. Whatever this record looks like from the inside, from the position of well over a third of the people in it, it is a single lawsuit that arrived once.

How long it stayed is measurable on part of the corpus. Sixty of the 105 docket records carry both a filing date and an outcome date; the other 45 lack one or both, and every figure here is over those 60 and not over the corpus. The direction of that exclusion is knowable and should be stated rather than merely flagged: a record lacking an outcome date usually lacks one because the case has not ended, so the excluded 45 skew toward the longest exposures and every figure below is biased downward. The median is a floor on how long a defendant is kept in, not an estimate of it. Median 149 days open, first quartile 80, third quartile 326. Seventeen resolved inside 90 days and 34 inside 180 — so roughly half the measurable records closed within about six months, and a quarter ran past eleven. The longest is 2,021 days, and it is C100, which is one of the four actions filed against him.

What this chapter refuses to say about the defendants

00-proposal.md's outline described this chapter's subject as "336 defendants, overwhelmingly small." The count is 327 as of this date, at the canonical-entity grain. The characterisation is withdrawn, and the reason is a rule rather than a stylistic preference.

Entity size is not in the corpus. There is no column for it, and coding one would mean attaching a judgment — small, institutional — by name to living people and going businesses. Chapter 4 established what governs here: build_seo.py gives every canonical party with 2+ originating actions its own /defendants/ page, so a coded value written to research.db becomes a published label on a named person. A one-coder classification with no second rater does not earn that, which is why chapter 4's rung labels stayed in its exhibit. This chapter goes one step further and does not code the variable at all, because unlike the ladder it does not need it: the argument runs on party counts, one-shot share and exposure, which are all recorded facts.

One figure in this area is easy to over-read, so it is stated with its limitation attached. The corpus records counsel for exactly 6 entities. That number is not "only six defendants had lawyers." The attorneys table exists because those six lawyers and law firms were themselves sued and became parties; the corpus has no field for defence representation and does not track it. What the six support is a narrow point made in chapter 4 — that counsel appear in this record as opponents — and nothing about how the other 329 responded.


IV. The recovery, and which way it ran

P3 is refuted, and this is the chapter's principal finding.

Under the American Rule, as Alyeska Pipeline Service Co. v. Wilderness Society put it in 1975, "the prevailing litigant is ordinarily not entitled to collect a reasonable attorneys' fee from the loser." Three instruments could displace that here, and each has a trigger. Fed. R. Civ. P. 11(c)(1) permits a sanction "on any attorney, law firm, or party that violated the rule," but 11(c)(4) allows payment of the other side's fees only "if imposed on motion and warranted for effective deterrence," and 11(c)(2) requires the motion to be served and then withheld for 21 days while the challenged paper can be "withdrawn or appropriately corrected." 28 U.S.C. § 1927 reaches "[a]ny attorney or other person admitted to conduct cases" who "multiplies the proceedings … unreasonably and vexatiously" — by its terms, a counsel-facing provision. And the vexatious-litigant regimes chapter 2 surveyed restrain future filing rather than price past filing.

Across the 91 originating actions this plaintiff commenced, the corpus records:

A terminating sanction without prejudice is worth pausing on. It ends the case, which is relief; it returns nothing, and it does not bar the next filing. In cost terms it is a refund of future expense, not a recovery of past expense.

The one time a court priced litigation, it priced his

There is exactly one measured legal-cost figure anywhere in this corpus, and it runs the other way. On 2026-05-21 final judgment was entered in C100Saladino, MD v. Frank Tufano, S.D.N.Y. 7:20-cv-09346 — for "$1 nominal damages, $52,500 punitive damages, $100,000 statutory damages under 15 U.S.C. Sec. 1125(d), $76,514 in attorney's fees, and $4,867.55 in costs."

Four things about that judgment matter here.

It is a defendant-side action: C100 is a suit brought against him, one of only four in the corpus. The plaintiff there was represented, and obtained a default judgment on 2025-01-30 after the court held on 2022-07-12 that the defaults were willful and no meritorious defence had been presented.

The fee award rests on a substantive fee-shifting provision, not a procedural one. 15 U.S.C. § 1117(a) provides that "[t]he court in exceptional cases may award reasonable attorney fees to the prevailing party," and the $100,000 is § 1117(d)'s statutory maximum for a cyberpiracy violation — "not less than $1,000 and not more than $100,000 per domain name." Nothing in that machinery has anything to do with how many actions anyone has filed. It attaches to a cause of action, and it fired because someone pleaded that cause of action and won on it.

It is larger than everything the vexatious-litigant regimes produced in this record combined, which is zero.

And C100 is the corpus's longest-running docket at 2,021 days — longer than any of the 91 actions he commenced.

That is the cost-side restatement of chapter 7's conclusion. Chapter 7 found that detection was never the binding constraint, and that the load-bearing reform is the trigger and the consequence rather than the aperture. Here the same shape appears in the money: the only consequence that landed in six years came from a statute that does not count filings at all. Every instrument that does count filings — Rule 11, § 1927, § 391, Rule 233.1, § 1651 — either needs a motion from a defendant, or reaches counsel rather than a party, or restrains the future without pricing the past.


V. What he says the other side pays

P4 survives, and the arithmetic that upholds it is stated before the quotations rather than after them. Of 1,667 statements in the corpus, 17 carry the factor Cost imposition as stated motive1.02% of the corpus, and 3.8% of the 445 statements carrying any filing-conduct factor at all.

Those three figures rest on this project's own classification of the statement corpus, which has no second coder and no reliability audit, so chapter 5 §II now reports figures of that kind as illustrative rather than as counts, and this section inherits the label. It cuts in the direction of caution here rather than against it: P4 claims the theme is marginal, and a classification that is wrong in either direction by a factor of two or three leaves it marginal. Nothing in this chapter turns on 17 being exactly 17. What it turns on is that the set is small, and that the seventeen passages in it are quoted verbatim and can be read. By volume it is a minor theme. Anyone reading the passages below and inferring that this is what the four-year statement record is mostly about would be reading it wrong.

What makes the 17 worth a section anyway is not their share. It is that fourteen of them are tiered Strong, that Cost imposition as stated motive is one of the three core factors in the published rubric, and that these are the statements in which a reason for filing is given in the same breath as the filing. Eleven of the 17 link to a tracked case.

The passages below are verbatim video_statements.StatementText values. Auto-caption mis-transcriptions are preserved rather than silently corrected, which is chapter 5's convention, and the [ __ ] markers are YouTube's own profanity masking.

Two of the seventeen are reproduced here and the rest are cited by id. That restraint is the point of putting the 1% first: a section that quoted at length from all seventeen would read like the corpus's dominant theme, and it is not.

He prices his own input in hours and the other side's in dollars, explicitly, and more than once — VS003, VS035, VS049, VS065, VS189 and VS1199 all do the same arithmetic. VS059 is the clearest:

But at least if I file the lawsuit, they're going to have to pay — if I file the lawsuit, technically my money is already avenged because each of those organizations are going to have to pay a lawyer like a $10,000 retainer minimum. So just me taking an hour out of my day to write up and file a lawsuit is already going to screw them over for more money than they've screwed me over. — VS059, linked to C015 and C057

Across the eight statements that name a figure the estimates run from $10,000 to $150,000: a $10,000 minimum retainer per entity (VS059, VS065, VS189, VS1199), $10,000–$15,000 (VS003, VS035), $20,000–$30,000 for a large platform (VS049), and $150,000 already spent by one set of opponents (VS737). The second quotation is that last one, and it earns its place because it is the only statement in the set that pairs the arithmetic with an open-ended filing horizon:

which means whether I have to file this lawsuit every year for the rest of my life, state and federal court, these people have already spent at least $150,000 in attorney fees. So whether these people want to pay me for this idea or not that they stole from me, I'm going to make sure they got to spend their money on something. They don't want to pay me, that's fine. I'll bury them in legal fees. — VS737, linked to C036 and C068

One further passage grounds the mechanism in the other side's inability to buy a defence (VS1069, linked to C040), and the remaining ten — VS001, VS023, VS037, VS501, VS738, VS828, VS1582 and VS1655 among them — are listed in the Sources table rather than quoted.

These are estimates by a party, not measurements. No row in research.db records what any defendant actually spent; there is no invoice, no fee petition and no declaration of costs anywhere in the corpus for any of the 91 actions he commenced. The retainer figures above are public statements, classified by this project under a published rubric, and they belong to the same evidence layer as any other thing a party says about his own case. The one number in this chapter that a court put on litigation cost is the $76,514 in §IV, and it was awarded against him.


VI. Why "restrict more" does not follow

Both fee-waiver regimes in this record exist to keep courts open to people who cannot pay, and both already carry their own filter. 28 U.S.C. § 1915(a)(1) authorises commencement "without prepayment of fees or security therefor," § 1915(d) puts service on the state — "[t]he officers of the court shall issue and serve all process" — and § 1915(e)(2) then requires that the court "shall dismiss the case at any time" if the action "is frivolous or malicious," "fails to state a claim," or "seeks monetary relief against a defendant who is immune." Pennsylvania's Rule 240 does the same job in two lines: subdivision (c) preserves the court's power to dismiss sua sponte "an underlying action, which is filed contemporaneously with an application to waive fees and costs, as frivolous."

Those screens work. C056 shows one working: it sits on an in forma pauperis screening track under § 1915(e)(2)(B) with service held in abeyance, and on 2026-03-16 the magistrate judge entered an order to show cause directing him both to pay the $405 fee or justify keeping IFP status, and separately to show cause why the action should not be dismissed on res judicata and issue preclusion. That is a fee-waiver screen reaching a prior case.

But it reaches one prior case, from inside one docket — and on this record the fee-waiver track is not where the volume is. Tightening § 1915 screening would have touched 4 of the 19 records whose fee status is recorded and none of the seven filed on 2026-07-29, because those seven paid. An access restriction aimed at people who cannot afford the fee does not reach a filer who is paying it.

Meanwhile the instruments that would price the conduct sit behind a trigger that this record shows is rarely pulled. Rule 11 fee-shifting requires a defendant's motion and a 21-day safe harbor. Pa. R.C.P. 233.1, as chapter 2 established, fires only on a defendant's motion. The one vexatious-litigant motion actually filed here has been pending five months. And of the people who would have to file those motions, 38.8% are parties named in exactly one action — that share is of entities, per §III, not of cases — facing a median exposure of at least 149 days, for whom the cheapest available response to a $405 complaint is very often to do nothing that costs more than the complaint did.

The Supreme Court has described the tension without resolving it. In re Sindram denied leave to proceed in forma pauperis to a repeat filer in 1991 on the ground that the goals of fairly dispensing justice are compromised by the processing of "repetitious and frivolous requests" — the Court applying, to its own docket, precisely the aggregation this thesis says nobody performs elsewhere. It could do that because every one of those filings arrived at the same clerk's window.

So the cost side does not produce a recommendation to restrict access. It produces a sharper version of chapter 7's negative result. The binding constraint is not the price of entry — it is that nothing prices the exit. A regime that made filing more expensive would fall hardest on the 4 records here where the fee was waived and hardly at all on the 12 where it was paid — on what the record says, with the selection caveat of §II attached — while the mechanism that could have made 91 actions expensive to their author went unused because it depends on a motion from whichever one-shot defendant happened to be named that week.


VII. What this chapter does not measure

Stated plainly, because several of these bound the claims above rather than decorating them:


Evidence layers

This chapter keeps the project's five layers apart, and the distinction is load-bearing in §IV and §V. The judgment and fee award in C100, the two Los Angeles sanctions, the C060 report and recommendation's footnote about C073, and the C056 order to show cause are court findings — a court's own words in its own order. The in forma pauperis grants and denials are docket facts. The retainer figures in §V are public statements by a party, and Cost imposition as stated motive is a research classification applied under a published rubric: it records what the speaker said about why he filed, and it is never a judicial finding and never a vexatious-litigant determination. No court has made such a determination in any case in this corpus; the one motion asking for one is undecided.


Sources

Every row below is in research-data/research.db. Nothing in this chapter's factual claims about the litigation originates outside it.

ClaimTableRowDocument
$405 fee, seven actions 2026-07-29, single receipt 333120943, five magistrate judges, no consolidationcasesC077C083 (ResearchNotes)docket text, M.D. Pa. 3:26-cv-02132 – 3:26-cv-02138
C073 fee-paid in full; "raising the identical claims brought in" C060; no § 1915(e)(2) trackcourt_findingsid 54GovInfo R&R, 3:25-cv-01990
$405 fee paid 2026-05-15 (C075), 2026-06-18 (C076); C085 recorded fee-paidcasesC075, C076 (ResearchNotes); C085 (OutcomeReason)docket text
C105 fee received, therefore "not proceeding in forma pauperis"; no amount statedcasesC105 (ResearchNotes)CourtListener docket 74752065
IFP granted 2025-05-27 (Nealon, J.)casesC010, C011, C012 (OutcomeReason)Lackawanna County docket
C012 asks the court to rule or refund his filing feescasesC012 (OutcomeReason)Lackawanna County docket
IFP denied 2025-08-27 after removal by Fenix Internet LLCcasesC052 (ResearchNotes)M.D. Pa. docket
C011 and C052 are the same originating actioncasesC052 (SameActionAsCaseID)
C049 dismissed for failure to pay $405 or amend the IFP applicationcasesC049 (OutcomeReason)M.D. Pa. docket
C056 on a § 1915(e)(2)(B) screening track, service in abeyance; OSC of 2026-03-16 on fee status and res judicatacasesC056 (Status, OutcomeReason)M.D. Pa. docket entry text
IFP sought on appealcasesC057, C067 (ResearchNotes)3d Cir. Nos. 26-2838, 26-2698
327 canonical entities, 673 party-slots, 127 named in exactly one actiondefendants, defendant_aliasesfull tables
C054 names 144 entities; C050 142; C040 67; C068 25; C066 12defendantsrows for those cases
Counsel recorded for 6 entities, all of them partiesattorneysA001–A006
Exposure: 60 of 105 records with both dates; median 149 days; max 2,021 (C100)casesFiled, OutcomeDate
Two non-monetary terminating sanctions, both on the court's own OSC, both dismissals without prejudicesanctionsids 5 (C101), 6 (C102)LA CAP 5756109, 6049507
No Rule 11 or comparable monetary sanction verified in any tracked case; no filing-restriction order enteredsanctionsid 2 (scope note, verified 2026-08-28)
Vexatious-litigant motion filed C046 2026-03-31, undecided through docket entry 158 as of 2026-08-28vexatious_motionsid 1CourtListener 69532577
ASOPRS vexatious argument held beyond the scope of the motion to quash; no separate motion ever filedvexatious_motionsid 2 (C102)LA CAP 6049507
C100 final judgment 2026-05-21: $1 nominal, $52,500 punitive, $100,000 statutory under § 1125(d), $76,514 attorney's fees, $4,867.55 costscourt_findingsid 42CourtListener 18615219
C100 defaults held willful, no meritorious defence (2022-07-12); default judgment and injunction (2025-01-30)court_findingsids 24, 25CourtListener 18615219; GovInfo 3:25-cv-01400
17 statements carry Cost imposition as stated motive; 14 Strong, 3 Moderate; 11 case-linkedvideo_statementsVS001, VS003, VS023, VS035, VS037, VS049, VS059, VS065, VS189, VS501, VS737, VS738, VS828, VS1069, VS1199, VS1582, VS1655
Quoted passagesvideo_statementsVS003, VS059, VS737, VS1069 (StatementText)
Statement corpus size 1,667; 445 carry a filing-conduct factorvideo_statementsfull table
ProSe: 54 Yes, 3 No, 3 Mixed, 45 blankcasesProSe

These are not corpus rows. Every item was read from a free, publicly openable primary source, on the same standard audit-source-citations applies to the corpus. Pin cites are omitted throughout, for the reason chapter 2 gave: the free full-text hosts used here do not reliably carry star pagination, and an unverified pin cite is worse than none.

AuthorityPropositionFree source
28 U.S.C. § 1914(a)"The clerk of each district court shall require the parties instituting any civil action, suit or proceeding in such court, whether by original process, removal or otherwise, to pay a filing fee of $350" — priced per case, not per partyCornell LII
28 U.S.C. § 1914(b)"The clerk shall collect from the parties such additional fees only as are prescribed by the Judicial Conference of the United States" — the gap between the statutory $350 and the $405 the record statessame
28 U.S.C. § 1915(a)(1)Commencement "without prepayment of fees or security therefor," on affidavit that "the person is unable to pay such fees or give security therefor"Cornell LII
28 U.S.C. § 1915(d)"The officers of the court shall issue and serve all process, and perform all duties in such cases" — service cost shifts to the state on the IFP tracksame
28 U.S.C. § 1915(e)(2)"[T]he court shall dismiss the case at any time if the court determines that … the action or appeal … is frivolous or malicious; fails to state a claim on which relief may be granted; or seeks monetary relief against a defendant who is immune" — the fee-waiver track's built-in screensame
Pa. R.C.P. No. 240Fee waiver routed through Pa.R.J.A. 1990; subdivision (c): "Nothing in Pa.R.J.A. 1990 shall preclude the court from sua sponte dismissing an underlying action, which is filed contemporaneously with an application to waive fees and costs, as frivolous"Pa. Code & Bulletin
Fed. R. Civ. P. 11(c)(1)"[T]he court may impose an appropriate sanction on any attorney, law firm, or party that violated the rule" — reaches a party, unlike § 1927Cornell LII
Fed. R. Civ. P. 11(c)(2)The motion "must not be filed or be presented to the court if the challenged paper … is withdrawn or appropriately corrected within 21 days after service" — the safe harborsame
Fed. R. Civ. P. 11(c)(4)Fee-shifting only "if imposed on motion and warranted for effective deterrence"; otherwise "nonmonetary directives" or "a penalty into court"same
28 U.S.C. § 1927"Any attorney or other person admitted to conduct cases in any court of the United States … who so multiplies the proceedings in any case unreasonably and vexatiously may be required by the court to satisfy personally the excess costs, expenses, and attorneys' fees" — textually counsel-facingCornell LII
15 U.S.C. § 1117(a)"The court in exceptional cases may award reasonable attorney fees to the prevailing party" — the provision behind C100's $76,514Cornell LII
15 U.S.C. § 1117(d)Statutory damages for a § 1125(d)(1) violation of "not less than $1,000 and not more than $100,000 per domain name" — C100's $100,000 is the ceilingsame
Alyeska Pipeline Service Co. v. Wilderness Society, 421 U.S. 240 (1975)The American Rule: "the prevailing litigant is ordinarily not entitled to collect a reasonable attorneys' fee from the loser"CourtListener REST v4 search
In re Sindram, 498 U.S. 177 (1991)Leave to proceed in forma pauperis denied to a repeat filer; the goals of fairly dispensing justice are compromised by the processing of "repetitious and frivolous requests"CourtListener REST v4 search
Pa. R.C.P. No. 233.1Fires only on a defendant's motion, and reaches pro se plaintiffs only — established in chapter 2, cited here, not re-arguedchapter 2
28 U.S.C. § 1651States no predicate for a federal pre-filing restriction — established in chapter 2Cornell LII

Verification notes. All authorities above were retrieved and read on 2026-09-06 except the two carried forward from chapter 2, which are cited as established there. Pin cites are omitted throughout.

Alyeska and Sindram were confirmed through CourtListener's REST v4 search endpoint, which returns the reporter citation and confirms that a quoted phrase appears verbatim in an opinion. Each is quoted only to the extent that endpoint confirmed: for Alyeska, the American Rule sentence, which the endpoint returns with 421 U.S. 240 and 1975-05-12 as the earliest of seven Supreme Court hits; for Sindram, the three-word phrase "repetitious and frivolous requests," which the endpoint returns with 498 U.S. 177 and 1991-02-19 as the earliest hit of thirty-five. The surrounding sentence in Sindram is described rather than quoted, because the longer form could not be confirmed verbatim from a free host. No proposition here rests on an unquoted portion of either opinion.

Two things this chapter wanted and did not use. The Judicial Conference administrative fee schedule that explains the gap between § 1914(a)'s $350 and the record's $405 was not retrieved from a free primary host; the chapter therefore states the statutory figure, cites § 1914(b) as the authority for the excess, and quotes the $405 from the corpus rather than asserting the administrative component's amount. Pennsylvania Rule of Judicial Administration 1990, to which Rule 240 now delegates the fee-waiver procedure, was not separately retrieved; Rule 240 is quoted only for subdivision (c), which stands on its own text.


What chapter 6 corrects in the proposal

00-proposal.md's outline for this chapter read: "336 defendants, overwhelmingly small. Fee asymmetry between a pro se filer and a defence. The access-to-courts counterweight, and why the answer cannot simply be 'restrict more.'" Three corrections, marked as a dated revision there:

  1. "336 defendants, overwhelmingly small" — the count is 327 canonical entities as of 2026-09-06, and "overwhelmingly small" is withdrawn entirely. Entity size is not recorded in the corpus and this chapter declines to code it, for the reason in §III. The supportable version is the party distribution: median 2 defendants per action against a maximum of 144, and 38.8% of entities named in exactly one action.
  2. "Fee asymmetry between a pro se filer and a defence" located the asymmetry in the wrong place. It is not that he files free while others pay: where the record states a fee status, it says he paid roughly three times as often as it says the fee was waived, including $2,835 in a single day. The asymmetry is that § 1914(a) prices a docket and the burden accrues per party — $2.81 per defendant in C054 — and that the corpus records no recovery of any kind across the 91 actions he commenced.
  3. The chapter's own finding was not in the outline at all. The only measured legal-cost figure in the corpus is C100's $76,514 in attorney's fees and $4,867.55 in costs, and it runs against him, in a suit filed against him, under a substantive fee-shifting provision unconnected to vexatious-litigant doctrine. That is chapter 7's conclusion arriving in the money: the aperture was never the binding constraint, and neither is the price of entry — what is missing is a consequence that does not depend on a one-shot defendant filing a motion.