Facts of the Case

Pro se petitioner Keith Russell Judd sought leave to proceed in forma pauperis in the U.S. Supreme Court under Rule 39 with respect to a petition for certiorari. In May 1995, the Court had invoked Rule 39.8 to deny Judd in forma pauperis status with respect to a petition for an extraordinary writ. Before the 39.8 denial, Judd had filed six petitions for certiorari. After the 39.8 denial, Judd filed four petitions for certiorari. All eleven of Judd's previous petitions were deemed frivolous by the Court and denied without recorded dissent.

Question

May pro se petitioner Keith Russell Judd 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 Judd's request as frivolous pursuant to Rule 39.8. Noting that Judd 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 Judd 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 Judd 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.