IN RE BAUER
Pro se petitioner Frederick W. Bauer sought leave to proceed in forma pauperis in the U.S. Supreme Court under Rule 39 with respect to a petition for mandamus. In October 1993, the Court had invoked Rule 39.8 to deny Bauer in forma pauperis status with respect to a petition for an extraordinary writ. Before the 39.8 denial, Bauer had filed three petitions for certiorari and five petitions for extraordinary writs. After the 39.8 denial, Bauer filed two petitions for certiorari. All eleven of Bauer's previous petitions were deemed frivolous by the Court and denied without recorded dissent.
May pro se petitioner Frederick W. Bauer be granted leave to proceed in forma pauperis under Supreme Court Rule 39?
Legal provision: Supreme Court Rules
No. In an 8-1 per curiam opinion, the Court denied Bauer's request as frivolous pursuant to Rule 39.8. Noting that Bauer had repeatedly abused the Court's certiorari and extraordinary writ processes, the Court directed the Clerk not to accept any further petitions for certiorari or extraordinary writs from Bauer 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 Bauer 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.