Two Thousand Three Hundred Sixty-Eight Dollars ($2,368.00) in United States currency and Garrell Lynn White v. State of Arkansas

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

DECEMBER 20, 2001

TWO THOUSAND THREE HUNDRED SIXTY-EIGHT DOLLARS ($2, 368.00) IN UNITED STATES CURRENCY AND GARRELL LYNN WHITE

Petitioner

v.

STATE OF ARKANSAS

Respondent

01-1133

PRO SE MOTION TO PROCEED IN FORMA PAUPERIS [CIRCUIT COURT OF WASHINGTON COUNTY, CIV 00-1209, HON. WILLIAM A. STOREY, JUDGE]

MOTION DISMISSED

On September 12, 2001, Garrell Lynn White tendered to this court an appeal record pertaining to a civil action for the forfeiture of personal property seized from White by the police department in Springdale, Arkansas. The property, $2, 368.00, was seized on the ground that it was intended to be exchanged for a controlled substance or was the proceeds of the sale of a controlled substance in violation of certain statutes. Because White had failed to file a timely notice of appeal from the forfeiture order, our clerk correctly declined to lodge the record. On October 17, 2001, White tendered to this court a pro se motion for belated appeal of the order without the filing fee required to file such a motion in a civil case. He now seeks leave to proceed in forma pauperis so that he may avoid paying the fee.

The motion to proceed in forma pauperis is dismissed. There is no provision in the prevailing rules of procedure for a belated appeal in a civil case.

Motion dismissed.

Imber, J., not participating.