Marcus Bohanan v. Arkansas Department of Correction

ARKANSAS SUPREME COURT

No. 04-662

NOT DESIGNATED FOR PUBLICATION

MARCUS BOHANAN,

Petitioner

v.

ARKANSAS DEPARTMENT OF CORRECTION

Respondent

Opinion Delivered December 16, 2004

PRO SE MOTION FOR RECONSIDERATION OF MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL [CIRCUIT COURT OF PULASKI COUNTY, NO. CV 2003-14204]

MOTION FOR RECONSIDERATION DENIED

PER CURIAM

Marcus Bohanan, who is incarcerated in the custody of the Arkansas Department of Correction (ADC), filed in the Circuit Court of Pulaski County a pro se petition for judicial review of an order issued by the ADC. The order pertained to the ADC's final disposition of a grievance filed by Bohanan. Petitioner Bohanan also filed a motion to proceed in forma pauperis with respect to the petition for judicial review. Finding that the petition for judicial review did not raise a colorable cause of action and that the petition was not the correct legal avenue to challenge the ADC order, the court denied petitioner leave to proceed as an indigent.

Petitioner tendered to this court a record on appeal from the circuit court order denying him indigent status. After being advised of the filing fee for lodging the appeal, petitioner filed a motion to be permitted to proceed as a pauper on appeal from the order. The motion was denied. Bohanan v. Arkansas Department of Correction, 04-662 (October 14, 2004) (per curiam). Petitioner now asks that the motion be reconsidered.

We find nothing in the motion for reconsideration that establishes that petitioner established a colorable cause action in the proceeding in circuit court as required by Rule 72 of the Rules of Civil Procedure. Accordingly, petitioner is responsible for tendering the required filing fee at his expense. He will be afforded a final opportunity to tender the fee within ten days of the date of this opinion.

Motion for reconsideration denied.