In what was an otherwise boring Order List, the Supreme Court seems to have called out a single person for not paying his court fees. After denying dozens of other petitioners certiorari, the Justices added this note to their denial of Petitioner Derek M. Fleming:

The motion of petitioner for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8. As the petitioner has repeatedly abused this Court’s process, the Clerk is directed not to accept any further petitions in noncriminal matters from petitioner unless the docketing fee required by Rule 38(a) is paid and the petition is submitted in compliance with Rule 33.1.

After a highly-scientific google search, I learned that the Court had rejected Mr. Fleming’s petition for certiorari in March of 2004 and June of 2004 and for rehearing a week later. He filed a petiton to proceed in forma pauperis in March of 2006, but was rejected. It seems like the court finally got a little upset about the petitioner filing papers with the Court without paying his fees.

The weekly Orders Lists is almost always boring, but we’ve gotten some interesting tidbits of information lately. Last week we found out that Justice Kennedy suddenly felt morally and legally compelled to recuse himself from a case in which he had a conflict of interest and that the Chief Justice was going to un-recuse himself from the same case.


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