Opinion

Marshall v. Deutsche Bank Nat'l Trust Co.

  • 2016 Ark. 90
Court
Supreme Court of Arkansas
Filed
Mar 3, 2016
Status
Published
On the bench
Per Curiam
Cited by
0 cases
Authority
More cited than 43.1%

The opinion

Cite as 2016 Ark. 90

SUPREME COURT OF ARKANSAS

No. CV-16-113

THERESA MARSHALL

Opinion Delivered: March 3, 2016

APPELLANT

V.

PETITION FOR LEAVE TO

DEUTSCHE BANK NATIONAL TRUST PROCEED IN FORMA PAUPERIS

CO.

APPELLEE

PETITION DENIED WITHOUT

PREJUDICE.

PER CURIAM

On February 4, 2016, appellant Theresa Marshall, pro se, lodged a partial record with

our clerk and filed a petition for leave to proceed in forma pauperis in her appeal. She also

submitted an affidavit to support her assertion of indigency. We deny the petition without

prejudice for two reasons.

First, the affidavit of indigency is incomplete. In a response, Marshall indicated that

she was employed. However, in answering the question regarding the amount of her salary

or the wages that she receives per month, she responded only that she earned $12 per hour.

In addition, Marshall acknowledged that she has received money in the form of either

pensions, annuities, or life-insurance payments, but she neglected to answer the question

asking her to describe the source of the money and the amount she has received during the

past twelve months. Without complete answers to these questions, this court is not able to

determine whether she is indigent.

Cite as 2016 Ark. 90

Second, her petition is not complete. Rule 72(c) of the Arkansas Rules of Civil

Procedure conditions the right to proceed in forma pauperis in civil matters upon, among

other things, the court’s satisfaction that the alleged facts indicate a colorable cause of action.

Boles v. Huckabee, 340 Ark. 410, 12 S.W.3d 201 (2000) (per curiam). A colorable cause of

action is a claim that is legitimate and may reasonably be asserted given the facts presented

and the current law or a reasonable and logical extension or modification of it. Brown v.

Sachar, 2013 Ark. 319 (per curiam). Marshall has not demonstrated such a claim here. We

note that, where no fundamental right is involved, filing fees do not violate due process.

Stanley v. Coomer, 2014 Ark. 338, 439 S.W.3d 54 (per curiam); Partin v. Bar of Ark., 320

Ark. 37, 894 S.W.2d 906 (1995).

Based on these deficiencies, we must deny Marshall’s petition without prejudice.

Petition denied without prejudice.

2

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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