Michael Russell v. Gary Grimes, Sheriff, et al.

Michael RUSSELL v. Sheriff Gary GRIMES,
Officer Seibach, Officer Layne, and Any
Unknown Parties

97-26                                              ___ S.W.2d ___

                    Supreme Court of Arkansas
               Opinion delivered February 3, 1997


Appeal & error -- motion to proceed in forma pauperis denied. -- While there
     is no inherent right to judicial process, the State may not
     withold this process when to do so would deprive a person of
     a fundamental constitutional right; appellant having failed to
     demonstrate how a civil appeal from a replevin action
     implicates a fundamental right, his motion to proceed in forma
     pauperis was denied.   


     Motion to Proceed In Forma Pauperis; denied.
     Appellant, pro se.
     No response.

     Per Curiam. 
     The appellant, Michael Russell, has filed a motion to proceed
in forma pauperis.
     On November 20, 1995, Russell brought a replevin action
against various officers of the Sebastian County Sheriff's office
to recover certain items of personal property allegedly seized from
him during booking.  The trial court allowed Russell to proceed in
forma pauperis.  After a bench trial on September 9, 1996, the
trial court found that there was no evidence of possession on the
part of any of the defendants to sustain replevin.
     Russell attempted to lodge the record in this court, when he
was notified that he must remit a filing fee to the Clerk of the
Court.  Russell now moves this court to waive the filing fee so
that the record may be lodged and a briefing schedule set.
     While there is no inherent right to judicial process, the
State may not withhold this process when to do so would deprive a
person of a fundamental constitutional right.  Boddie v.
Connecticut, 401 U.S. 371 (1971).  Russell has failed to
demonstrate how a civil appeal from a replevin action implicates a
fundamental right.  
     The motion is denied.