IMMIGRATION AND NATURALIZATION SERVICE v. YUEH-SHAIO YANG

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United States Supreme Court

IN RE MARIA LUISA COSTELL GAYDOS On Motion for Leave to Proceed in Forma Pauperis No. 96-5831.(1996)

No. 96-5831

Argued:     Decided: December 23, 1996

Petitioner has a history of frivolous, repetitive filings. She has been denied leave to proceed in forma pauperis 10 times, and she has filed at least 8 other petitions. This most recent petition is nearly incomprehensible, and alludes to, among other things, fraud by the staff of this Court and impending impeachment proceedings against Clerks Walsh and Suter in the House of Representatives. We also note that the relief she purports to seek has already been granted: The District Court docketed petitioner's FOIA complaint as Case No. 96-CV-42435 on September 9, 1996, and promptly dismissed it "in its entirety" the following week.

We enter the order barring future in forma pauperis filings for the reasons discussed in Martin v. District of Columbia Court of Appeals, 506 U.S. 1 (1992). Because petitioner has limited her abuse of our processes to noncriminal cases, we limit our sanction accordingly.

It is so ordered.

Justice Stevens, dissenting.

For reasons previously stated, see Martin v. District of Columbia Court of Appeals, 506 U.S. 1, 4 (1992), and cases cited, I respectfully dissent.

Footnotes

[ Footnote * ] Rule 39.8 provides: "If satisfied that a petition for a writ of certiorari, jurisdictional statement, or petition for an extraordinary writ . . . is frivolous or malicious, the Court may deny a motion for leave to proceed in forma pauperis."

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