United States Supreme Court Cases & Opinions

U.S. Supreme Court

In re McDonald, 489 U.S. 180 (1989)

In re McDonald

No. 88-5890

Decided February 21, 1989

489 U.S. 180

Syllabus

Pro se petitioner filed a motion for leave to proceed in forma pauperis on his petition before this Court for a writ of habeas corpus. Since 1971, he has made 73 other filings with this Court -- including 19 for extraordinary relief -- all of which have been denied without recorded dissent.

Held: Petitioner's motion for leave to proceed in forma pauperis is denied, and the Clerk is directed not to accept any further petitions from him for extraordinary writs unless he pays the docketing fee required by this Court's Rule 45(a) and submits his petition in compliance with Rule 33. The continual processing of his frivolous requests for extraordinary writs does not permit the Court to allocate its limited resources in a way that promotes the interests of justice. Paupers filing pro se petitions are not subject to the financial considerations that deter other litigants from filing frivolous petitions, and lower courts have issued orders intended to curb serious abuses by persons proceeding in forma pauperis. Petitioner remains free to file in forma pauperis requests for other relief, if he qualifies and does not similarly abuse that privilege.

Motion denied.