Facts of the Case

Pro se petitioner Michael C. Antonelli sought leave to proceed in forma pauperis in the U.S. Supreme Court under Rule 39 with respect to two petitions for certiorari. In 1993, the Court had invoked Rule 39.8 to deny Antonelli in forma pauperis status with respect to two petitions for certiorari. Before the two Rule 39.8 denials, Antonelli had filed 34 petitions for certiorari and 2 petitions for extraordinary writs. After the two Rule 39.8 denials, Antonelli filed 17 petitions for certiorari. All 55 of Antonelli's previous petitions were deemed frivolous by the Court and denied without recorded dissent.

Question

May pro se petitioner Michael C. Antonelli be granted leave to proceed in forma pauperis under Supreme Court Rule 39?

Conclusion

No. In an 8-1 per curiam opinion, the Court denied Antonelli's requests as frivolous pursuant to Rule 39.8. Noting that Antonelli had abused the Court's certiorari and extraordinary writ processes, the Court directed the Clerk not to accept any further petitions for certiorari or petitions for extraordinary writs from Antonelli in noncriminal matters unless he first pays the docketing fee required by Rule 38 and submits his petitions in compliance with Rule 33.1. "The order," the opinion concluded, "will not prevent Antonelli from petitioning to challenge criminal sanctions which might be imposed on him. The order will, however, allow this Court to devote its limited resources to the claims of petitioners who have not abused our processes." Justice John Paul Stevens dissented.