Brancato v. Gunn

PETITIONER: Brancato
RESPONDENT: Gunn
LOCATION: Hawaii Office of Elections

DOCKET NO.: 98-9913
DECIDED BY: Rehnquist Court (1986-2005)
LOWER COURT:

CITATION: 528 US 1 (1999)
DECIDED: Oct 12, 1999

Facts of the case

Pro se petitioner Donald H. Brancato sought leave to proceed in forma pauperis in the U.S. Supreme Court under Rule 39 with respect to a petition for certiorari. In June 1999, the Court had invoked Rule 39.8 to deny Brancato in forma pauperis status with respect to a petition for certiorari. Before the 39.8 denial, Brancato had filed six petitions for certiorari. All seven of Brancato's previous petitions were deemed frivolous by the Court and denied without recorded dissent.

Question

May pro se petitioner Donald H. Brancato be granted leave to proceed in forma pauperis under Supreme Court Rule 39?