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- SUPREME COURT OF THE UNITED STATES
- IN RE FRED WHITAKER
- on motion for leave to proceed in forma pauperis
- No. 93-9220. Decided October 11, 1994
-
- Per Curiam.
- Pro se petitioner Fred Whitaker filed a petition for
- writ of mandamus and requests permission to proceed in
- forma pauperis under this Court's Rule 39. Pursuant to
- Rule 39.8, we deny petitioner leave to proceed in forma
- pauperis. Petitioner is allowed until November 1,
- 1994, within which to pay the docketing fee required by
- Rule 38(a) and to submit a petition for a writ of prohibi-
- tion in compliance with Rule 33 of the Rules of this
- Court. For the reasons explained below, we also direct
- the Clerk of the Court not to accept any further peti-
- tions for extraordinary writs from petitioner in noncrimi-
- nal matters unless he pays the docketing fee required by
- Rule 38(a) and submits his petition in compliance with
- Rule 33.
- Since 1987, petitioner has filed 23 claims for relief,
- including 18 petitions for certiorari, 9 of which have
- been filed in the last three Terms. That total also
- includes five petitions for extraordinary writs filed since
- June 1992. We have denied all of the petitions without
- recorded dissent. We have also denied petitioner leave
- to proceed in forma pauperis pursuant to Rule 39.8 for
- the last two petitions in which he has sought extraordi-
- nary relief. In re Whitaker, 511 U. S. ___ (1994); In re
- Whitaker, 506 U. S. ___ (1992).
- Petitioner's current claim involves a civil action
- brought in the Alameda, California, Superior Court
- against Lake Merritt Lodge & Residence, alleging
- damages of $2 in illegal taxes. His legal arguments
- here are just as frivolous as those he has made in
- previous petitions.
- Although petitioner has exhibited frequent filing pat-
- terns with respect to petitions for writ of certiorari, we
- limit our sanctions at this time to the type of relief
- requested today-styled as petitions for extraordinary
- writs. We have imposed similar sanctions in the past.
- See, e.g., In re Anderson, 511 U. S. ___ (1994); In re
- Demos, 500 U. S. 16 (1991); In re Sindram, 498 U. S.
- 177 (1991); In re McDonald, 489 U. S. 180 (1989). As
- we concluded in Sindram:
- -The goal of fairly dispensing justice . . . is compro-
- mised when the Court is forced to devote its limited
- resources to the processing of repetitious and
- frivolous requests. Pro se petitioners have a greater
- capacity than most to disrupt the fair allocation of
- judicial resources because they are not subject to the
- financial considerations-filing fees and attorney's
- fees-that deter other litigants from filing frivolous
- petitions. The risks of abuse are particularly acute
- with respect to applications for extraordinary relief,
- since such petitions are not subject to any time
- limitations and, theoretically, could be filed at any
- time without limitation. In order to prevent frivo-
- lous petitions for extraordinary relief from unsettling
- the fair administration of justice, the Court has a
- duty to deny in forma pauperis status to those
- individuals who have abused the system.- 498
- U. S., at 179-180 (citation omitted).
-