December 12, 1988
MACHARIA, NYAHUMA KAMAU, PETITIONER
HODEL, DONALD P., SECRETARY OF THE INTERIOR
C.A. 10th Cir.
Rehnquist, White, Marshall, Blackmun, Stevens, O'Connor, Scalia, Kennedy
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until January 3, 1989, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court.
Motion for leave denied.
Justice Marshall, Justice Blackmun and Justice Stevens, dissenting: For the reasons expressed in Brown v. Herald Co., Inc., 464 U.S. 928 (1983), we would deny the petition for a writ of certiorari without reaching the merits of the motion to proceed in forma pauperis. Justice Brennan took no part in the consideration or decision of this motion.
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