Elizabeth Gammon Brown v. State of Arkansas

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

JUNE 6, 2002

ELIZABETH GAMMON BROWN

APPELLANT

v.

STATE OF ARKANSAS

APPELLEE

02-382

MOTION TO PROCEED IN FORMA PAUPERIS,

(CIRCUIT COURT OF JEFFERSON COUNTY, NO. CIV 2000-636-1-3)

DENIED

Petitioner, Elizabeth Brown, who is in the custody of the Arkansas Department of Correction at the Wackenhut Correctional facility, filed a pro se action against the State of Arkansas and the Arkansas Department of Correction contending that Wackenhut Correctional Corporation has unconstitutionally applied Administrative Regulation 831 thereby denying her equal protection and due process. The circuit court dismissed Brown's action because her petition did not present grounds upon which relief could be granted. In appealing that decision, Brown has filed a motion with us to proceed in forma pauperis. The motion to proceed at public expense is denied.

Petitioner Brown has offered nothing in the motion from which it can be concluded that there is any merit to the appeal. This court has consistently declined to take any action to continue a civil appeal without a showing by the appellant that there is substantial merit to the original cause of action. See Mixon v. State, 318 Ark. 762, 887 S.W.2d 307 (1994); Miner v. Furman, 318 Ark. 883, 887 S.W.2d 310 (1994); Howard v. Lockhart, 300 Ark. 144, 777 S.W.2d 223 (1989); Virgin v.Lockhart, 288 Ark. 92, 702 S.W.2d 9 (1986). Petitioner will have ten days to submit the filing fee of $100.00.

Motion denied.