STEVEN A. DELOGE, Appellant (Defendant),
THE STATE OF WYOMING, Appellee (Plaintiff).
from the District Court of Laramie County The Honorable
Thomas T.C. Campbell, Judge
Representing Appellant: Steven A. DeLoge, pro se.
Representing Appellee: No appearance.
BURKE, C.J., and HILL, DAVIS, FOX, and KAUTZ, JJ.
Steven DeLoge filed a pro se motion in the district
court seeking to correct a clerical error regarding the
spelling of his name. Finding no clerical error, the district
court denied that motion. Mr. DeLoge appealed and we will
In 2000, Mr. DeLoge pleaded guilty to six counts of
second-degree sexual assault for abusing his girlfriend's
eight-year-old daughter. He was sentenced to six consecutive
life sentences, which this Court affirmed on appeal.
DeLoge v. State, 2002 WY 155, 55 P.3d 1233 (Wyo.
2002) (DeLoge I). Since then, this Court has
considered a series of appeals filed by Mr. DeLoge. See
DeLoge v. State, 2005 WY 152, 123 P.3d 573 (Wyo. 2005)
(DeLoge II) (review of motion to withdraw guilty
plea, return of seized property, and writ of review
challenging dismissal of petition for post-conviction
relief); DeLoge v. State, 2007 WY 71, 156 P.3d 1004
(Wyo. 2007) (DeLoge III) (review of district
court's denial of motion for return of seized property);
DeLoge v. State, 2010 WY 60, 231 P.3d 862 (Wyo.
2010) (DeLoge IV) (review of denial of motion to
return seized property); DeLoge v. State, 2012 WY
128, 289 P.3d 776 (Wyo. 2012) (DeLoge V) (affirming
district court's denial of motion to correct illegal
sentence); DeLoge v. Homar, 2013 WY 33, 297 P.3d 117
(Wyo. 2013) (DeLoge VI) (action for damages arising
out of the confiscation of his property). The current matter
began when Mr. DeLoge filed a W.R.Cr.P. 36 motion in the
district court, requesting that the spelling of his surname
in his Judgment and Sentence Order be corrected from DELOGE
to "DeLoge" or "De Loge." The district
court denied the motion, explaining that the "caption on
the Court documents identifies Plaintiff and Defendant both
in all capitalized letters. This is not a clerical error and
is used to emphasize the names of the Parties to the
lawsuit." This appeal followed.
The Wyoming Rules of Criminal Procedure provide that
"[c]lerical mistakes in judgments, orders or other parts
of the record and errors in the record arising from oversight
or omission may be corrected by the court at any time and
after such notice, if any, as the court orders."
W.R.Cr.P. 36. The question is whether there has been a
clerical error or no error at all.
The Judgment and Sentence to which Mr. DeLoge objects refers
to Mr. DeLoge as DELOGE in both the caption and the text. The
district court explained that capitalization in the caption
"emphasize[s] the names of the Parties to [a]
lawsuit" and in the text it "clearly identif[ies]
In his brief, Mr. DeLoge concedes that both "De
Loge" or "DeLoge" are acceptable: he asserts
that the "district court . . . failed to properly
designate his legal name as De Loge, " but he also
states that "[a]lthough this Court has not separated the
surname into its two parts (space between De and Loge), this
Court adequately identified Appellant by designating a
capit[a]l L in the second part of his surname[.]" He
also states that the federal courts correctly spelled his
name as "DeLoge" in DeLoge v. Abbott, 340
Fed.Appx. 521 (10th Cir. 2009) and DeLoge v.
Wyoming, 562 U.S. 971, 131 S.Ct. 482, 178 L.Ed.2d 305
(2010). Because he concedes that spelling DeLoge without the
space is correct, there is no error. The district court did
not misspell Mr. DeLoge's name when it capitalized its
letters. We find that there was no clerical error in the
Judgment and Sentence and affirm.
We take this opportunity to remind Mr. DeLoge that this is a
final order, and he has exhausted his remedies with respect
to this matter. Further, Mr. DeLoge has exhausted all of his
state remedies with respect to his convictions. See
DeLoge v. Homar, 2013 WY 33, ¶ 14, 297 P.3d 117,
121 (Wyo. 2013); Wyo. Stat. Ann. §§ 7-14-101
through 7-14-108 (LexisNexis 2015).
This Court finds that Mr. DeLoge should be barred from filing
further pleadings, whether before the district court or
before this Court, without first obtaining permission from
this Court. The clerk of this Court and the clerk of district
court are authorized to decline to file any papers submitted
by Mr. DeLoge in his criminal case, and to decline to file
any papers submitted by Mr. DeLoge that relate to his
criminal case if filed as new claims, without prior
permission. We adopt the conditions we set forth in
Barela v. State, 2017 WY 66, ¶¶ 15-16, __
P.3d __, __ (Wyo. 2017); see also McMurray v.
McCelmoore, 445 Fed.Appx. 43, 46 (10th Cir. 2011). To
obtain such permission, Mr. DeLoge must provide this Court
with the following:
1. A list of all appeals and all original proceedings filed,
whether currently pending or previously filed with this Court
or a district court in Wyoming, including the name, number,
and citation of each case, and the current status or
disposition of each appeal or original proceeding; and
2. An affidavit which recites the issues he seeks to present,
including a short discussion of the legal basis asserted
therefor, and describing with particularity the issue being
raised or the order being challenged. The affidavit must also
certify, to the best of Mr. DeLoge's knowledge that: the
legal arguments being raised are not frivolous or made in bad
faith; they are warranted by existing law or a good-faith
argument for the extension, modification, or reversal of
existing law; the ...