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- SUPREME COURT OF THE UNITED STATES
- JAMES L. MARTIN
- 92-5584 v.
- DISTRICT OF COLUMBIA COURT OF
- APPEALS et al.
-
- JAMES L. MARTIN
- 92-5618 v.
- CHRISTINE McDERMOTT et al.
- on motions of petitioner for leave to proceed
- in forma pauperis
- Nos. 92-5584 and 92-5618. Decided November 2, 1992
-
- Per Curiam.
- Pro se petitioner James L. Martin requests leave to
- proceed in forma pauperis under Rule 39 of this Court.
- We deny this request pursuant to our Rule 39.8. Martin
- is allowed until November 23, 1992, within which to pay
- the docketing fees required by Rule 38 and to submit his
- petitions in compliance with this Court's Rule 33. We
- also direct the Clerk not to accept any further petitions
- for certiorari from Martin in noncriminal matters unless
- he pays the docketing fee required by Rule 38 and
- submits his petition in compliance with Rule 33.
- Martin is a notorious abuser of this Court's certiorari
- process. We first invoked Rule 39.8 to deny Martin in
- forma pauperis status last November. See Zatko v.
- California, 502 U. S. ___ (1991) (per curiam). At that
- time, we noted that Martin had filed 45 petitions in the
- past 10 years, and 15 in the preceding 2 years alone.
- Although Martin was granted in forma pauperis status to
- file these petitions, all of these petitions were denied
- without recorded dissent. In invoking Rule 39.8, we
- observed that Martin is -unique-not merely among those
- who seek to file in forma pauperis, but also among those
- who have paid the required filing fees-because [he has]
- repeatedly made totally frivolous demands on the Court's
- limited resources.- Id., at ___. Unfortunately, Martin has
- continued in his accustomed ways.
- Since we first denied him in forma pauperis status last
- year, he has filed nine petitions for certiorari with this
- Court. We denied Martin leave to proceed in forma
- pauperis under Rule 39.8 of this Court with respect to
- four of these petitions, and denied the remaining five
- petitions outright. Two additional petitions for certiorari
- are before us today, bringing the total number of petitions
- Martin has filed in the past year to 11. With the
- arguable exception of one of these petitions, see Martin
- v. Knox, 502 U. S. ___ (1991) (Stevens, J., joined by
- Blackmun, J., concurring in denial of certiorari), all of
- Martin's filings, including those before us today, have been
- demonstrably frivolous.
- In Zatko, we warned that -[f]uture similar filings from
- [Martin] will merit additional measures.- 502 U. S., at
- ___. As we have recognized, -[e]very paper filed with the
- Clerk of this Court, no matter how repetitious or frivolous,
- requires some portion of the institution's limited resources.
- A part of the Court's responsibility is to see that these
- resources are allocated in a way that promotes the
- interests of justice.- In re McDonald, 489 U. S. 180, 184
- (1989) (per curiam). Consideration of Martin's repetitious
- and frivolous petitions for certiorari does not promote this
- end.
- We have entered orders similar to the present one on
- two previous occasions to prevent pro se petitioners from
- filing repetitious and frivolous requests for extraordinary
- relief. See In re Sindram, 498 U. S. 177 (1991) (per
- curiam); In re McDonald, supra. Although this case does
- not involve abuse of an extraordinary writ, but rather the
- writ of certiorari, Martin's pattern of abuse has had a
- similarly deleterious effect on this Court's -fair allocation
- of judicial resources.- See In re Sindram, supra, at 180.
- As a result, the same concerns which led us to enter the
- orders barring prospective filings in Sindram and
- McDonald require such action here.
- We regret the necessity of taking this step, but Martin's
- refusal to heed our earlier warning leaves us no choice.
- His abuse of the writ of certiorari has been in noncriminal
- cases, and so we limit our sanction accordingly. The
- order will therefore not prevent Martin from petitioning
- to challenge criminal sanctions which might be imposed
- on him. But it will free this Court's limited resources to
- consider the claims of those petitioners who have not
- abused our certiorari process.
- It is so ordered.
-