18 November 2013

Supreme Court benchslaps serial litigant

In Monday's Supreme Court order, the Court did not have nice words for a serial litigant:
13-6645 FLEMMING, WOODROW V. KEMP, DEBBIE, ET AL. 
The motion of petitioner for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8. As the petitioner has repeatedly abused this Court's process, the clerk is directed not to accept  any further petitions in noncriminal matters from petitioner unless the docketing fee required by Rule 38(a) is paid and the petition is submitted in compliance with Rule 33.1. See Martin v. District of Columbia Court of Appeals, 506 U. S. 1 (1992) (per curiam).
Here is Rule 39.8:
If satisīŦed that a petition for a writ of certiorari, juris­dictional statement, or petition for an extraordinary writ is frivolous or malicious, the Court may deny leave to proceed in forma pauperis.
Martin is a notorious abuser of this Court's certiorari process...[He is] unique...because he has repeatedly made totally frivolous demands on the Court's limited resources...[A]ll of Martin's filings, including those before us today, have been demonstrably frivolous.

In case you're wondering, this appears to be Flemming's original claim.
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