Peter J. Murrugarra v. Wells Fargo Bank N.A., as Trustee for Certificate Holders of Bear Stearns Asset Backed Securities I LLC, Asset-Backed Certificates, Series 2007-AC6, et al.

Whether the Due Process Clause of the Fourteenth Amendment permits a State’s court of last resort, on an opponent’s motion and over the litigant’s written opposition, to prohibit a self-represented civil litigant for one year from making any filing in that court involving the foreclosure of his home, by an order that identifies no offending filing, finds none frivolous or made in bad faith, states no standard, and provides no exception and no procedure for leave to file.

Whether an order that bars “any filings involving” a case and directs the clerk to reject any filing made in violation of it, without a standard for determining what the bar covers and without an identified procedure for judicial review of a rejection, satisfies the Due Process Clause’s requirement of explicit notice of precisely what conduct is prohibited, and its requirement of a neutral and detached adjudicator.