Brancato v. Gunn, 528 U.S. 1 (1999) (per curiam)

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CASES ADJUDGED

IN THE

SUPREME COURT OF THE UNITED STATES

AT

OCTOBER TERM, 1999

BRANCATO v. GUNN et al.

on motion for leave to proceed in forma pauperis

No. 98-9913. Decided October 12, 1999

Held: Abusive filer of frivolous petitions is denied leave to proceed in forma pauperis under this Court's Rule 39.8 and barred from filing further certiorari petitions in noncriminal matters unless he first pays the docketing fee required by Rule 38 and submits his petitions in compliance with Rule 33.1. See Martin v. District of Columbia Court of Appeals, 506 U. S. 1.

Motion denied.

Per Curiam.

Pro se petitioner Brancato seeks leave to proceed in forma pauperis under Rule 39 of this Court. We deny this request as frivolous pursuant to Rule 39.8. Brancato is allowed until November 2, 1999, within which to pay the docketing fees required by Rule 38 and to submit his petition in compliance with this Court's Rule 33.1. We also direct the Clerk not to accept any further petitions for certiorari from Brancato in noncriminal matters unless he first pays the docketing fee required by Rule 38 and submits his petitions in compliance with Rule 33.1.

Brancato has abused this Court's certiorari process. On June 7, 1999, we invoked Rule 39.8 to deny Brancato in

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