Robert Standridge v. State of Arkansas

ARKANSAS SUPREME COURT

No. 05-998

NOT DESIGNATED FOR PUBLICATION

ROBERT STANDRIDGE

Appellant

v.

STATE OF ARKANSAS

Appellee

Opinion Delivered November 3, 2005

PRO SE MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS [APPEAL FROM THE CIRCUIT COURT OF JEFFERSON COUNTY, CV 2005-379-5, HON. ROBERT HOLDEN WYATT, JR., JUDGE]

MOTION DENIED

PER CURIAM

Robert Standridge, who is incarcerated in the Arkansas Department of Correction and proceeding pro se, filed a civil complaint for declaratory judgment in circuit court that was denied in an order entered July 7, 2005. Standridge filed a notice of appeal and tendered the record on appeal to this court. After he was advised of the filing fee for lodging the appeal, Standridge filed this motion to proceed in forma pauperis.

Standridge challenges the constitutionality of the requirement that he pay a filing fee, arguing that Article 2, § 13, of the Arkansas Constitution provides that every person "ought to obtain justice freely, and without purchase." We rejected a similar argument in Cook v. Municipal Court of Pine Bluff, 287 Ark. 382, 699 S.W.2d 741 (1985) (per curiam). Where no fundamental right is involved, filing fees do not violate due process. Partin v. Bar of Arkansas, 320 Ark. 37, 894 S.W.2d 906 (1995). Appellant has made no showing that a fundamental right is involved in this civil matter. Other than this constitutional challenge and his allegation that he is indigent, appellant advances no basis for granting his motion.

Rule 72 of the Arkansas Rules of Civil Procedure conditions the right to proceed in forma pauperis on, among other things, the court's satisfaction that the alleged facts indicate a colorable cause of action. Boles v. Huckabee, 340 Ark. 410, 12 S.W.3d 201 (2000) (per curiam). A colorable cause of action is a claim that is legitimate and may reasonably be asserted given the facts presented and the current law or a reasonable and logical extension or modification of it. Id. at 412, 12 S.W.3d 202-203. Because appellant has made no showing that he has a colorable cause of action , we must deny the motion.

Motion denied.