Penn v. Gallagher

Summary

The Arkansas Supreme Court considered Allen Lynn Penn’s petition to proceed in forma pauperis in connection with an appeal concerning a motion for rule on clerk. The court remanded the matter to the Pulaski County Circuit Court and directed the circuit clerk to submit certified, file-marked copies of the underlying petition and order denying it within ten days.

Holdings

1. Proper consideration of Penn's petition to proceed in forma pauperis required certified, file-marked copies of both the petition filed in circuit court and the circuit court's order denying it.
2. The matter was remanded with direction that the Pulaski County Circuit Clerk submit certified, file-marked copies of the petition and denial order to the Supreme Court within ten days.

Questions Presented

1. Whether the Arkansas Supreme Court could properly consider Penn's petition to proceed in forma pauperis without certified, file-marked copies of the circuit-court petition and order denying it.
2. Whether the matter should be remanded to obtain the missing certified, file-marked documents.

Disposition

remanded