Roy A. Day v. Donald P. Day (510 U.S. 1)
U.S. Supreme Court · decided October 12, 1993 · Supreme Court Database (Spaeth)
- Citation
- 510 U.S. 1 · 114 S. Ct. 4
- Decided
- October 12, 1993
- Term
- October Term 1993
- Vote
- 9–0
- Issue area
- Civil Rights
- Disposition
- Petition denied or appeal dismissed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
Opinion excerpt
Per Curiam. Pro se petitioner Roy A. Day requests leave to proceed in forma pauperis under Rule 39 of this Court. We deny this request pursuant to Rule 39.8. Day is allowed until November 2, 1993, within which to pay the docketing fees required by Rule 38 and to submit his petitions in compliance with this Court’s Rule 33. We also direct the Clerk not to accept any further petitions for certiorari from Day in noncriminal matters unless he pays the docketing fee required by Rule 38 and submits his petition in compliance with Rule 33. Day is an abuser of this Court’s certiorari process. We first invoked Rule 39.8 to deny Day informa pauperis status last June. See In re Day, 509 U. S. 902 (1993). At that time he had filed 27 petitions in the past nine years. Although Day was granted informa pauperis status to file these petitions, all were denied without recorded dissent. Since we first denied him in forma pauperis status last June, he has filed eight more petitions for certiorari with this Court — all of them demonstrably frivolous. As we have recognized, “[e]very paper filed with the Clerk of this Court, no matter how repetitious or frivolous, requires some portion of the institution’s limited resources. A part of the Court’s responsibility is to see that these resources are allocated in a way that promotes the interests of justice.” In re McDonald, 489 U. S. 180, 184 (1989)…
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