Penn v. Gallagher (Majority)Annotate this Case
The Supreme Court reversed the order of the circuit court denying Appellant’s pro se petition for leave to proceed in forma pauperis in a civil matter. Appellant, an inmate, first sought release of certain documents from his criminal file and the confirmation by the Arkansas State Crime Laboratory of the existence of certain evidence. Appellant’s request was denied. Thereafter, Appellant sought to proceed as a pauper so that he could file a pro se petition for writ of mandamus to obtain the evidence. The circuit court denied the petition. The Supreme Court reversed and remanded, holding that the circuit court’s denial of Appellant’s petition to proceed in forma pauperis was clearly erroneous given Appellant’s indigency status and his petition sufficiently stating a colorable cause of action.