Bartley v. Cavert, et. al.
Annotate this Case
Download PDF
IN THE SUPREME COURT OF THE STATE OF DELAWARE ALFRED T. BARTLEY, Plaintiff Below, Appellant, v. RICHARD CAVERT, ET AL., Defendants Below, Appellees. § § § § § § § § § § § No. 425, 2001 Court Below: Superior Court of the State of Delaware, in and for New Castle County C.A. No. 01C-07-033 Submitted: September 18, 2001 Decided: September 20, 2001 Before VEASEY, Chief Justice, WALSH and STEELE, Justices. ORDER This 20th day of September 2001, it appears to the Court that: (1) On September 4, 2001, this Court received a notice of appeal from appellant, Alfred T. Bartley, from the Superior Court s decision of August 20, 2001, which denied Bartley s Motion to Proceed in Forma Pauperis Rehearing. (2) On September 7, 2001, the Clerk of this Court issued a notice pursuant to Supreme Court Rule 29(b) directing Bartley to show cause why the appeal should not be dismissed for his failure to comply with Supreme Court Rule 42 when taking an appeal from an apparent interlocutory order. In his response, Bartley contends that his appeal is not interlocutory. Because he is indigent and unable to pay the filing fee, Bartley asserts that the denial of his motion to proceed in forma pauperis ends the litigation in Superior Court. (3) Bartley s argument is without merit. This Court has held that the denial of a motion to proceed in forma pauperis is an interlocutory order for which appellate review is available only upon compliance with Supreme Court Rule 42.* Bartley s failure to comply with Rule 42 in this case requires dismissal of this appeal. NOW, THEREFORE, IT IS ORDERED that this appeal is DISMISSED. BY THE COURT: s/Joseph T. Walsh Justice * Abdul-Akbar v. Washington-Hall, Del. Supr., 649 A.2d 808, 809 (1994). -2-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
