SNIDER ET AL.
v.
ALL STATE ADMINISTRATORS, INC., ET AL.

U.S. | 1974-01-21
No. 73-731
414 U.S. 685 Supreme Court of the United States (1974) Caution
Also reported at: 94 S. Ct. 771 · 39 L. Ed. 2d 90 · SCDB 1973-046 · 1974 U.S. LEXIS 4076
Cited by 22 cases

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Holding

The Court denied the petitioner's motion to dispense with printing requirements for his petition for certiorari.


Facts & Procedural History

Petitioner Snider filed a motion to dispense with printing his petition for certiorari, but did not comply with the rules for proceedings in forma pau…

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Per_curiam
Per Curiam.

Per Curiam.

Petitioner Snider has filed a motion to dispense with the printing of the petition for certiorari as required by our Rule 39. He has filed no motion and affidavit in conformity with our Rule 53, dealing with proceedings in forma pauperis. While we undoubtedly have authority to waive the application of particular rules in appropriate circumstances, we have during this Term denied a considerable number of similar motions.* Typically in each of these cases the moving petitioner made generalized allegations of inability to afford payment of printing costs, but made no showing sufficient to comply with Rule 53 governing proceedings in forma pauperis. Motions such as these are disfavored, and petitioner’s motion is denied. Rule 39, entitled “Form of appendices, petitions, briefs, etc.,” contains the following definition:

“Printing, as the term is used in these rules, shall include any process capable of producing a clear black image on white paper but shall not include ordinary carbon copies. If papers are filed in a form which is not clearly legible, the clerk will require that new copies be substituted, but the filing shall not thereby be deemed untimely.”

We think it is clear from this definition, and from the other parts of Rule 39, that documents governed by Rule 39 need not have been imprinted on a press in order to comply with its terms. They are required to be the product of a process “capable of producing a clear black image on white paper,” and to conform to the paper-size, binding, and type-size requirements also set forth in the Rule. The Rule is thus functional in nature, and is designed to assure the Court that appendices, petitions, briefs, and the like which are subject to its provisions will be of uniform size and good legibility. We are not disposed to waive these standards.

In future cases, the Clerk will be instructed not to accept for record a petition for certiorari or other document which is subject to Rule 39 and fails to conform to the requirements of that Rule, and to submit only the motion to dispense with printing to the Court for decision. In the event such motion is denied, the petition or other document will be returned to the party seeking to file it at the time the order of denial is entered.

Petitioner’s motion to dispense with printing the petition for certiorari in this case is denied. Because our view as to the probable fate of motions such as his may not heretofore have been apparent to the Bar, he is granted 21 days from the entry of this order in which to file a petition which conforms to Rule 39.

*

See, e. g., Wallace v. Smith, No. 73-40, motion denied October 15, 1973, post, p. 907; Broccolino v. Maryland Comm’n on Judicial Disabilities, No. 73-431, motion denied November 19, 1973, post, p. 1038; Chippas v. United States, No. 73-761, motion denied December 17, 1973, post, p. 1109. See also Morton v. Mancari, No. 73-362, motion to dispense with printing the motion to dismiss or affirm denied January 14, 1974, post, p. 1142.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Bowers v. Eusebio G. Moreno, 520 F.2d 843 (1st Cir. 1975)
    …ellation of a mortgage and the repayment of liquidated sums.” Any ultimate relief given in Haley would similarly be limited to enjoining future payments. See also Snider v. All State Administrators, Inc., 481 F. 2d 387 (5th Cir. 1973), cert. denied, 414 U.S. 685, 94 S.Ct. 771, 39 L.Ed.2d 90 (1974).4 In the case before us, the relief sought is the undoing of deeds done, not the prevention of future violations. We therefore affirm the district court’s declination of jurisdiction under section 302. This bring…
  • de Loraine v. Meba Pension Tr., 499 F.2d 49 (2d Cir. 1974)
    …ered pension plans. Whether this was a proper characterization of the law and what constitutes a structural defect raise difficult and complicated issues. Compare Snider v. All State Administrators, Inc., 481 F. 2d 387 (5th Cir. 1973), cert. denied, 414 U.S. 685, 94 S.Ct. 771, 39 L.Ed.2d 90 (1974), and Bowers v. Ulpiano Casal, Inc., 393 F. 2d 421 (1st Cir. 1968), with Lewis v. Mill Ridge Coals, Inc., 298 F. 2d 552, 558 (6th Cir. 1962) (dictum), Lugo v. Employees Retirement Fund, 366 F.Supp. 99 (E.D.N.Y.1973…
  • Harrell v. Keohane, 621 F.2d 1059 (10th Cir. 1980)
    …4) further provides illegible papers filed with the Clerk of the Supreme Court may need to be substituted, but the filing shall not be untimely. Furthermore motions can be filed to dispense with printing. See Snider v. Allstate Administrators, Inc., 414 U.S. 685, 94 S.Ct. 771, 39 L.Ed.2d 90 (1974). Moreover Sup. Ct.R. 53(2) provides that a petition for writ of certiorari filed in forma pauperis should comply in all respects with the rules governing the same, except that it shall be sufficient to file a sing…

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