requiring petitioner to pay docketing fees for petitions for certiorari in noncriminal matters after filing nine frivolous petitions within two years
- Vickson v. Singletary, 734 So. 2d 376 (Fla. 1999).published (requiring petitioner to pay docketing fees for petitions for certiorari in noncriminal matters after filing nine frivolous petitions within two years)
- Martin v. State, 747 So. 2d 386 (Fla. 2000).published (requiring petitioner to pay docketing fees for petitions for certiorari in noncriminal matters after filing nine frivolous petitions within two years)
At page 298 year, and he has filed two since. All were patently frivolous and were denied without recorded dissent. We enter the order barring prospective filings for the…1 citing case
- Shieh v. Kakita, 517 U.S. 343 (1996).published See Jones v. ABC—TV, 516 U. S. 363, 364 (1996) (Stevens, J., dissenting); Attwood v. Singletary, 516 U. S. 297, 298 (1996) (Stevens, J., dissenting); Martin v. District of Columbia Court of Appeals, 506 U. S. 1, 4 (1992) (Ste- vens, J.,dis…
“Absent . . . compelling evidence bearing on Congress' original intent, our system demands that we adhere to our prior interpretations of statutes.”
- Ne Hub Partners, L.P. v. CNG Transmission Corp., 239 F.3d 333 (3d Cir. 2001).“Absent . . . compelling evidence bearing on Congress' original intent, our system demands that we adhere to our prior interpretations of statutes.”
Other citing cases
- State v. D'amario, 725 A.2d 276 (R.I. 1999).published
- Jones v. Abc-tv Et Al., 516 U.S. 363 (1996).published
- Morris v. Brown, 9 Vet. App. 1 (Vet. App. 1996).published
- In Re Telfair, 745 F. Supp. 2d 536 (D.N.J. 2010).published
- Martin v. State, 833 So. 2d 756 (Fla. 2002).published
v.
Harry K. Singletary, Jr., Secretary, Florida Department of Corrections
Reporter's Syllabus editorial summary, not part of the Court's opinion
PER CURIAM.
Lead Opinion
Pro se petitioner Robert Attwood requests leave to proceed in forma pauperis under Rule 39 of this Court. We deny this request pursuant to Rule 39.8. Attwood is allowed until February 12,1996, within which to pay the docketing fee required by Rule 38 and to submit his petition in compliance with this Court’s Rule 33. We also direct the Clerk not to accept any further petitions for certiorari from Attwood in noncriminal matters unless he pays the docketing fee required by Rule 38 and submits his petition in compliance with Rule 33.
Attwood has abused this Court’s certiorari process. In November 1995, we twice invoked Rule 39.8 to deny Attwood in forma pauperis status. See Attwood v. Smith and Att-wood v. Palm Beach Post, post, p. 963. At that time, Att-wood had filed seven petitions in this Court during the prior[*298] year, and he has filed two since. All were patently frivolous and were denied without recorded dissent.
We enter the order barring prospective filings for the reasons discussed in Martin v. District of Columbia Court of Appeals, 506 U. S. 1 (1992). Attwood’s abuse of the writ of certiorari has been in noncriminal cases, and so we limit our sanction accordingly. The order will not prevent Attwood from petitioning to challenge criminal sanctions which might be imposed against him. The order will, however, allow this Court to devote its limited resources to the claims of petitioners who have not abused our certiorari process.
It is so ordered.
Dissent
dissenting.
Because experience with the administration of orders like the one the Court is entering in this case today has merely reinforced my conviction that our “limited resources” would be used more effectively by simply denying petitions that are manifestly frivolous, I respectfully dissent. Perhaps one day reflection will persuade my colleagues to return to “the great tradition of open access that characterized the Court’s history prior to its unprecedented decisions in In re McDonald, 489 U. S. 180 (1989) (per curiam), and In re Sindram, 498 U. S. 177 (1991) (per curiam).” See Martin v. District of Columbia Court of Appeals, 506 U. S. 1, 4 (1992) (Stevens, J., dissenting).