David Williams v. Tiffany Compton and Marvin Evans

ARKANSAS SUPREME COURT
NOT DESIGNATED FOR PUBLICATION

June 10, 2004

DAVID WILLIAMS

Petitioner

v.

TIFFANY COMPTON AND MARVIN EVANS

Respondents

04-508

PRO SE MOTION FOR BELATED APPEAL OF ORDER [CIRCUIT COURT OF PULASKI COUNTY, CV 2003-6445, ELLEN BRANTLEY, JUDGE]

MOTION DENIED

Per Curiam

David Williams, who is in the custody of the Arkansas Department of Correction (ADC), filed an appeal in the Circuit Court of Pulaski County from the denial by two employees of the ADC of his request pursuant to the Freedom of Information Act, codified as Ark. Code Ann. § 25-19-101 et seq, for copies of certain documents maintained by the ADC. On January 14, 2004, the court dismissed the matter without prejudice on the ground that Williams had failed to show proof of service of summons on the parties.

Williams did not file a notice of appeal until April 5, 2004, which was not within the thirty-day period allowed for filing a notice of appeal under Rule 4(a) of the Rules of Appellate Procedure-Civil. He now seeks leave to proceed with a belated appeal of the order.

An appeal from an order pertaining to the Freedom of Information Act is civil in nature, and there is no provision in the prevailing rules of procedure for a belated appeal in a civil case. Petitioner is thus precluded from proceeding with a belated appeal of the January 14, 2004, order.

Motion denied.