Dempsey v. Martin

PETITIONER: Dempsey
RESPONDENT: Martin
LOCATION: US District Court for the Eastern District of Pennsylvania

DOCKET NO.: 99-5283
DECIDED BY: Rehnquist Court (1986-2005)
LOWER COURT:

CITATION: 528 US 7 (1999)
DECIDED: Oct 12, 1999

Facts of the case

Pro se petitioner John B. Dempsey sought leave to proceed in forma pauperis in the U.S. Supreme Court under Rule 39 with respect to a petition for certiorari. In October 1992, the Court had invoked Rule 39.8 to deny Dempsey in forma pauperis status with respect to a petition for certiorari. Before the 39.8 denial Dempsey had filed eleven petitions for certiorari and one petition for an extraordinary writ. After the 39.8 denial, Dempsey filed five petitions for certiorari. All eighteen of Dempsey's previous petitions were deemed frivolous by the Court and denied without recorded dissent.

Question

May pro se petitioner John B. Dempsey be granted leave to proceed in forma pauperis under Supreme Court Rule 39?