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Shieh v. Kakita

SHIEH v. KAKITA Et Al.

Shieh v. Kakita, 517 U.S. 343 (1996)
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Court
Supreme Court of the United States
Decided
April 16, 1996
Docket
No. 95-7587
Judges
Stevens
Citations
517 U.S. 343116 S. Ct. 1311134 L. Ed. 2d 4641996 U.S. LEXIS 2166

Opinion of the Court — Per Curiam

Per Curiam.

In these three petitions for certiorari, pro se petitioner Liang-Houh Shieh requests leave to proceed in forma pau-peris under Rule 39 of this Court. We deny his requests pursuant to Rule 39.8. Shieh is allowed until April 22, 1996, within which to pay the docketing fees required by Rule 38 and to submit his petitions in compliance with this Court’s Rule 33.1. We also direct the Clerk not to accept any further petitions for certiorari from Shieh in noncriminal matters unless he pays the docketing fee required by Rule 38 and submits his petition in compliance with Rule 33.1.

Shieh has abused this Court’s certiorari process. In March 1996, we invoked Rule 39.8 to deny Shieh in forma pauperis status. See Shieh v. State Bar of California, 516 *344 U. S. 1170 . To date, Shieh has filed 10 petitions in this Court in less than three years. All have been both patently frivolous and denied without recorded dissent.

' We enter the order barring prospective filings for the reasons discussed in Martin v. District of Columbia Court of Appeals, 506 U. S. 1 (1992). Shieh’s abuse of the writ of cer-tiorari has been in noncriminal cases, and so we limit our sanction accordingly. The order will not prevent Shieh from petitioning to challenge criminal sanctions which might be imposed against him. The order will, however, allow this Court to devote its limited resources to the claims of petitioners who have not abused our certiorari process.

It is so ordered.

Dissent — Stevens

Justice Stevens,

dissenting.

For the reasons I have previously expressed, I respectfully dissent. See Jones v. ABC-TV, 516 U. S. 363, 364 (1996) (Stevens, J., dissenting); Attwood v. Singletary, 516 U. S. 297, 298 (1996) (Stevens, J., dissenting); Martin v. District of Columbia Court of Appeals, 506 U. S. 1, 4 (1992) (Stevens, J., dissenting); Zatko v. California, 502 U. S. 16, 18 (1991) (Stevens, J., dissenting).

Combined text as published — syllabus, headnotes and all opinions in one document

517 U.S. 343 (1996)

SHIEH

v.

KAKITA et al.

No. 95-7587.

United States Supreme Court.

Decided April 1, 1996. [*] ON MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS

Per Curiam.

In these three petitions for certiorari, pro se petitioner Liang-Houh Shieh requests leave to proceed in forma pauperis under Rule 39 of this Court. We deny his requests pursuant to Rule 39.8. Shieh is allowed until April 22, 1996, within which to pay the docketing fees required by Rule 38 and to submit his petitions in compliance with this Court's Rule 33.1. We also direct the Clerk not to accept any further petitions for certiorari from Shieh in noncriminal matters unless he pays the docketing fee required by Rule 38 and submits his petition in compliance with Rule 33.1.

Shieh has abused this Court's certiorari process. In March 1996, we invoked Rule 39.8 to deny Shieh in forma pauperis status. See Shieh v. State Bar of California, 516 *344 U. S. 1170. To date, Shieh has filed 10 petitions in this Court in less than three years. All have been both patently frivolous and denied without recorded dissent.

We enter the order barring prospective filings for the reasons discussed in Martin v. District of Columbia Court of Appeals, 506 U. S. 1 (1992). Shieh's abuse of the writ of certiorari has been in noncriminal cases, and so we limit our sanction accordingly. The order will not prevent Shieh from petitioning to challenge criminal sanctions which might be imposed against him. The order will, however, allow this Court to devote its limited resources to the claims of petitioners who have not abused our certiorari process.

It is so ordered.

Justice Stevens, dissenting.

For the reasons I have previously expressed, I respectfully dissent. See Jones v. ABC—TV, 516 U. S. 363, 364 (1996) (Stevens, J., dissenting); Attwood v. Singletary, 516 U. S. 297, 298 (1996) (Stevens, J., dissenting); Martin v. District of Columbia Court of Appeals, 506 U. S. 1, 4 (1992) (Ste- vens, J.,dissenting); Zatko v. California, 502 U. S. 16, 18 (1991) (Stevens, J., dissenting).

NOTES

[*] Together with No. 95-7588, Shieh v. United States Court of Appeals for the Ninth Circuit, and No. 95-7589, Shieh v. Krieger et al., also on motion for leave to proceed in forma pauperis to the same court.

How later courts describe this case

Explanatory parentheticals written by citing courts — 13 in all; the most informative distinct ones are shown.

  • (directing “the Clerk not to accept any further petitions for certiorari from [appellant] in noncriminal matters unless he pays the docketing fee required by [Supreme Court] Rule 38 and submits his petition in compliance with [Supreme Court] Rule 33.1”)
  • (prisoner prospectively barred from filing petitions for certiorari in forma pauperis after filing 10 frivolous petitions in less than three years)

Cited by 15 cases

View all citing references →
1997: 71999: 32001: 12002: 12004: 12005: 12022: 119972026peak 1997 · 7

Relies on it most ⓘ

  1. Jerardo Rodriguez v. David Cook, Director, Oregon State Penitentiary169 F.3d 1176 (9th Cir. 1999)
  2. Roller v. Gunn107 F.3d 227 (4th Cir. 1997)
  3. Mehdipour v. State ex rel. Department of Corrections2004 OK 19, 90 P.3d 546
  4. In re Liang-Houh Shieh738 A.2d 814 (D.C. 1999)
  5. State v. D'AMARIO725 A.2d 276 (R.I. 1999)
  6. Martin v. Martin903 So. 2d 619 (La. Ct. App. 2005)

Most recent

  1. SMITH v. HARRISONNo. 2:21-cv-05120 (E.D. Pa. Feb. 14, 2022)
  2. Martin v. Martin903 So. 2d 619 (La. Ct. App. 2005)
  3. Mehdipour v. State ex rel. Department of Corrections2004 OK 19, 90 P.3d 546
  4. Russell Edward Peverell v. Karen Faye Conder EskewNo. 0060014 (Va. Ct. App. Apr. 23, 2002)
  5. Lewis v. Sullivan135 F. Supp. 2d 954 (W.D. Wis. 2001)
  6. In re Liang-Houh Shieh738 A.2d 814 (D.C. 1999)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
Martin v. Dist. of Columbia Court of Appeals, 506 U.S. 1 (1992) 710
Zatko v. California, 502 U.S. 16 (1991) 29
Attwood v. Singletary, Sec'y, Fla. Dep't of Corr., 516 U.S. 297 (1996) 15
Jones v. Abc-Tv, 516 U.S. 363 (1996) 14

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