Mildred Johnson v. Michelle Dame Goins

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

JANUARY 31, 2002

MILDRED JOHNSON

Petitioner

v.

MICHELLE DAME GOINS

Respondent

01-1243

PRO SE MOTION FOR RULE ON CLERK TO LODGE CIVIL APPEAL BELATEDLY [CIRCUIT COURT OF PULASKI COUNTY, NO. CV 99-8931]

MOTION DISMISSED

In 1999, Mildred Johnson brought a civil action against another person arising from a motor vehicle accident. On October 5, 2000, judgment in favor of Johnson was entered with an award of $1,000 in damages. Johnson, proceeding pro se, filed a timely notice of appeal but she did not tender the record here within ninety days of the date of the notice of appeal as required by Ark. R. App. P.-Civil 5(a). Johnson asks this court to permit the late filing of the record on the grounds that she unable to obtain the record because she was incarcerated.

While there is no inherent right to judicial process, the process may not be withheld when to do so would deprive a person of a fundamental constitutional right. Boddie v. Connecticut, 401 U.S. 371 (1971). Johnson has failed to demonstrate how the appeal from the judgment in this civil matter implicates a fundamental right. See Russell v. Grimes, 327 Ark. 201, 936 S.W.2d 763 (1997). Petitioner Johnson was bound to follow the prevailing rules civil procedure. She failedto do so and has not shown any good cause to excuse her failure. The fact that a petitioner is proceeding pro se in itself does not constitute good cause for the failure to conform to procedural rules. See Walker v. State, 283 Ark. 339, 676 S.W.2d 460 (1984); see also Thompson v. State, 280 Ark. 163, 655 S.W.2d 424 (1983); Sullivan v. State, 301 Ark. 352, 784 S.W.2d 155 (1990).

Motion for rule on clerk dismissed.