Archie M. Donald v. City of West Memphis, Arkansas

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

JANUARY 30, 2003

ARCHIE M. DONALD

Petitioner

v.

CITY OF WEST MEMPHIS, ARKANSAS Respondent

02-1173

PRO SE MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL AND MOTION TO SUPPLEMENT RECORD [CIRCUIT COURT OF CRITTENDEN COUNTY, NO. CV 2002-499]

MOTIONS DENIED

On April 4, 2002, Archie M. Donald was charged in West Memphis District Court with speeding, fleeing from a police officer, and carrying a weapon, all misdemeanors. Donald subsequently filed a motion to transfer the case to the Circuit Court of Crittenden County and for a jury trial. On August 23, 2002, Donald filed a petition for writ of prohibition in circuit court, seeking an order to prohibit the district court from trying him. On October 3, 2002, the circuit court denied the petition. Donald filed a timely notice of appeal from the court's order and has tendered a partial record here. He now seeks to lodge the appeal without paying the filing fee of $100 required in misdemeanor cases. He also asks to be permitted to supplement the partial record.

The motions are denied. The affidavit of indigency filed by Donald with the motion to proceed in forma pauperis reflects that he is employed and earns approximately $1,880 per month. As the record appears to be brief, neither the cost of it nor the filing fee would appear to be unduly onerous for Donald to pay.

With respect to the motion to supplement the partial record, all the documents with which Donald desires to supplement the partial record are already contained in the partial record with the exception of an "amended notice of appeal" filed October 31, 2002. As the amended notice of appeal was untimely and without effect, there is no good cause to supplement the partial record with it.

Motions denied.