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Ware v. Sec. & Exch. Comm'n

Citations: 137 S. Ct. 193; 196 L. Ed. 2d 10; 85 U.S.L.W. 3147; 2016 WL 3767322; 2016 U.S. LEXIS 4627Docket: No. 16–5174.

Court: Supreme Court of the United States; October 3, 2016; Federal Supreme Court; Federal Appellate Court

Narrative Opinion Summary

The motion for the petitioner to proceed in forma pauperis has been denied, and the petition for a writ of certiorari to the Eleventh Circuit Court of Appeals has been dismissed, referencing Rule 39.8. The Court has determined that the petitioner has a history of abusing its process, leading to a directive for the Clerk to reject any future noncriminal petitions from the petitioner unless the required docketing fee, as stipulated in Rule 38(a), is paid and the petition complies with Rule 33.1. This decision is supported by the precedent set in Martin v. District of Columbia Court of Appeals, 506 U.S. 1 (1992).

Legal Issues Addressed

Dismissal of Petition for Writ of Certiorari

Application: The petition for a writ of certiorari was dismissed based on the petitioner's previous misuse of the Court's process.

Reasoning: The motion for the petitioner to proceed in forma pauperis has been denied, and the petition for a writ of certiorari to the Eleventh Circuit Court of Appeals has been dismissed, referencing Rule 39.8.

In Forma Pauperis Denial

Application: The Court denied the petitioner's motion to proceed in forma pauperis due to the petitioner's history of abusing the legal process.

Reasoning: The motion for the petitioner to proceed in forma pauperis has been denied, and the petition for a writ of certiorari to the Eleventh Circuit Court of Appeals has been dismissed, referencing Rule 39.8.

Precedential Support for Decision

Application: The Court's decision is supported by the precedent established in Martin v. District of Columbia Court of Appeals.

Reasoning: This decision is supported by the precedent set in Martin v. District of Columbia Court of Appeals, 506 U.S. 1 (1992).

Restriction on Future Filings

Application: The Court instructed the Clerk to reject any future noncriminal petitions from the petitioner unless the docketing fee is paid and the petition meets specific requirements.

Reasoning: The Court has determined that the petitioner has a history of abusing its process, leading to a directive for the Clerk to reject any future noncriminal petitions from the petitioner unless the required docketing fee, as stipulated in Rule 38(a), is paid and the petition complies with Rule 33.1.