Penn v. Gallagher (Per Curiam)
Annotate this CasePetitioner tendered for filing in the circuit court a pro se petition for leave to proceed in forma pauperis with respect to a petition for writ of mandamus and a proposed order granting leave to proceed in forma pauperis. The proposed order granting leave to proceed in forma pauperis was marked with the notation, “Petition Denied.” The appeal record was rejected by the Supreme Court clerk because it lacked a file-marked copy of the order from which Petitioner sought to appeal. Petitioner then tendered a motion for rule on clerk and a petition to proceed in forma pauperis, requesting that he be permitted to file the motion for rule on clerk without submitting the filing fee required to file such actions. The Supreme Court denied the petition, holding that because Petitioner had not alleged that a fundamental right is involved in his case, he was required to submit a fee to file the motion for rule on clerk.
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