Timmons v. Kelley (Majority, with Dissenting)
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The Supreme Court affirmed the denial of Appellant’s pro se petition for leave to proceed in forma pauperis on a petition for writ of habeas corpus, holding that it was clear from the record that Appellant’s cause of action could not proceed as a matter of law.
The circuit court found that Appellant had presented sufficient evidence to establish that he was indigent but that he failed to allege a matter cognizable in a habeas petition and had not presented a colorable cause of action. The Supreme Court affirmed, holding that Appellant did not establish a basis for finding that a writ of habeas corpus should issue.
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