Gay v. Pines

OPINION

Wilmer B. Gay, an incarcerated individual, appeals from an order of the Court of Common Pleas of Philadelphia County that denied his request to proceed in forma pauperis and dismissed his mandamus petition sua sponte on the basis that it was frivolous within the meaning of Pa. R.C.P. No. 240(j).

According to the allegations in the complaint before us, on March 14, 2002, Gay mailed an action in equity captioned “Commonwealth ex rel. Gay v. PCRA Judge John J. Poserina, et. al” (Poserina complaint) in which he sought to challenge his 1972 first degree murder and related convictions on the…