Walter Lee Walton v. Post-Prison Transfer Board et al.

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

FEBRUARY 28, 2003

WALTER LEE WALTON

Petitioner

v.

POST-PRISON TRANSFER BOARD, et al

Respondent

02-791

PRO SE MOTION FOR RECONSIDERATION OF MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL [CIRCUIT COURT OF PULASKI COUNTY, NO. CV 2002-2850]

MOTION DENIED

In 2002, Walter Lee Walton brought a pro se civil action for writ of mandamus against the Arkansas Post-Prison Transfer Board and Larry Norris, the Director of the Arkansas Department of Correction, alleging that he had been wrongfully denied the right to be considered eligible for parole. Walton further sought leave to proceed in forma pauperis with respect to the petition. The circuit court denied the motion to proceed in forma pauperis pursuant to Ark. R. Civ. P. 72 for failure to state a colorable cause of action.

Walton filed a notice of appeal from the order and attempted to lodge the record in this court without paying a filing fee. He subsequently filed a motion to be permitted to proceed as a pauper on appeal from the order. The motion was denied. Walton v. Post-Prison Transfer Board, 02-791 (Ark. November 21, 2002) (per curiam). Now before us is petitioner Walton's motion asking that this court reconsider its decision.

The motion for reconsideration is denied. We need not reiterate the grounds recited in our decision denying petitioner's request to proceed in forma pauperis. It will suffice to say that petitioner has not demonstrated in the motion for reconsideration that there was any error in the decision or that there is any other good cause to revisit the motion to proceed as an indigent on appeal. If petitioner desires to proceed with the appeal, it is incumbent on him to tender the fee necessary to lodge the appeal.

Motion denied.

Imber, J., not participating.