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In Re Amendment to Rule 39/Opinion of the Court

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Case Syllabus
Per Curiam Opinion of the Court
Dissenting Opinion
Marshall

Petitioner has filed a petition for a writ of certiorari, No. 90-7226, a petition for a writ of habeas corpus, No. 90-7225, and a petition for a writ of mandamus, No. 90-7296, all seeking relief from a single order of a lower court, which in turn denied petitioner leave to proceed in forma pauperis and barred petitioner from making further in forma pauperis filings seeking certain extraordinary writs. We deny the petition for a writ of certiorari in No. 90-7226.

Petitioner has made 32 in forma pauperis filings in this Court since the beginning of the October 1988 Term, many of which challenge sanctions imposed by lower courts in response to petitioner's frivolous filings. Petitioner's method of seeking relief here—filing three petitions for relief from a single order of a lower court—could only be calculated to disrupt the orderly consideration of cases. Petitioner has abused the system, and we find it appropriate to deny leave to proceed in forma pauperis to petitioner in these two petitions for extraordinary relief, Nos. 90-7225 and 90-7296, and in all future petitions for extraordinary relief. See In re Sindram, 498 U.S. 177, 111 S.Ct. 596, 112 L.Ed.2d 599 (1991); In re McDonald, 489 U.S. 180, 109 S.Ct. 993, 103 L.Ed.2d 158 (1989).

If petitioner wishes to have one or both of these petitions considered on its merits, he must pay the docketing fee required by Rule 38(a) and submit a petition in compliance with Rule 33 of the Rules of this Court before May 20, 1991. The Clerk is directed not to accept any further petitions from petitioner for extraordinary writs unless he pays the docketing fee required by Rule 38(a) and submits his petition in compliance with Rule 33. Petitioner remains free under the present order to file in forma pauperis requests for relief other than an extraordinary writ, if he qualifies under this Court's Rule 39 and does not similarly abuse that privilege.

It is so ordered.

Notes[edit]


This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).