In re Amendment to Rule 39 - 500 U.S. 13 (1991)
U.S. Supreme Court
In re Amendment to Rule 39, 500 U.S. 13 (1991)
In re Amendment to Rule 39
Decided April 29, 1991
500 U.S. 13
This Court's Rule 39 is amended to provide the Court with some control over frivolous or malicious in forma pauperis filings. Damages and costs are ineffective to deter such filings, as in forma pauperis status is conditioned on an affidavit or declaration that the petitioner is financially unable to pay fees or post security. The Rule applies only to those filings that the Court determines would have been denied in any event, and permits a disposition of the matter without the Court issuing an order granting leave to proceed in forma pauperis.