Gay v. Pines

Submitted: August 22, 2003 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 basis that he is ""actually innocent"" of the crimes. He mailed the Poserina complaint to the Clerk of Quarter Sessions in Philadelphia (Clerk). That office is located on Filbert Street in Philadelphia. In a cover letter, Gay asked the Clerk to forward the complaint to the Prothonotary's Office in Philadelphia because he did not have the address for that office. The Philadelphia County Prothonotary's office is, in fact, located in the City Hall Building. By form memorandum dated March 18, 2002, the Clerk advised Gay that it is ""not the official filing agency for motions, petitions or any other documents that require court action,"" and that it refers documents it receives to ""the appropriate agency."" The memorandum further advised that, ""We assume absolutely no responsibility for processing your legal documents which are intended for action in the First Judicial District of Pennsylvania."" Gay later received correspondence indicating that the Clerk had forwarded his filing to the Post Conviction Relief Act (PCRA) Unit within the Criminal Justice Center.