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Brown v. Sachar , 2013 Ark. 319 ( 2013 )


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  •                                       Cite as
    2013 Ark. 319
    SUPREME COURT OF ARKANSAS
No.   CV-13-441
Opinion Delivered   September 5, 2013
PRO SE MOTION TO PROCEED IN
LOUIS DUDLEY BROWN                                  FORMA PAUPERIS [JUDICIAL
PETITIONER           DISCIPLINE AND DISABILITY
COMMISSION, COMPLAINT NO.
v.                                                  13144]
DAVID J. SACHAR, DIRECTOR,
JUDICIAL DISCIPLINE AND                             MOTION DENIED.
DISABILITY COMMISSION
RESPONDENT
PER CURIAM
Petitioner Louis Dudley Brown filed a complaint with the Arkansas Judicial Discipline
and Disability Commission (Commission) against the circuit court judge who presided at his trial
in a criminal matter. The complaint was dismissed on March 14, 2013. Petitioner has tendered
a petition for writ of certiorari for review by this court of the Commission’s dismissal of the
complaint pursuant to Discipline and Disability Rule 12(H) (2013). On May 22, 2013, petitioner
filed the instant motion for leave to proceed in forma pauperis, seeking to file the petition for
writ of certiorari without paying the required filing fee.
A complaint filed with the Commission is a civil matter. Rule 72 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
Cite as
    2013 Ark. 319
    and the current law or a reasonable and logical extension or modification of it.
    Id.
     Petitioner
has not demonstrated such a claim here. Where no fundamental right is involved, filing fees do
not violate due process. Partin v. Bar of Ark.,
    320 Ark. 37
    ,
    894 S.W.2d 906
     (1995).
In his motion, petitioner contends only that he is entitled to proceed in forma pauperis
because he is unable to pay the costs associated with the proceeding and the petition is not
brought for a frivolous or malicious purpose. The statement does not constitute a showing of
a colorable cause of action.
Petitioner is responsible for remitting the required filing fee at his expense within thirty
days of the date of this opinion if he desires to proceed with the tendered petition for writ of
certiorari. See Young v. Black,
    366 Ark. 198
    ,
    234 S.W.3d 284
     (2006) (per curiam).
Motion denied.
Louis Dudley Brown, pro se petitioner.
No response.
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