The motion 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. See Martin v. District of Columbia Court of Appeals, 506 U.S. 1 (1992) (per curiam).

DISTRIBUTED for Conference of December 7, 2012.

Waiver of right of respondent United States District Court for the District of South Dakota to respond filed.

Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 7, 2012)

Ronald N. Totaro, Petitioner, pro se

United States District Court for the District of South Dakota, Respondent, represented by Donald B. Verrilli Jr.