APPEAL FROM THE PULASKI COUNTY CIRCUIT COURT [NO. 60OT-50-6]
HONORABLE TIMOTHY DAVIS FOX, JUDGE
FOR SUPPLEMENTAL RECORD.
Lynn Penn, pro se appellant.
Doralee Chandler, General Counsel, for appellees.
a pro se appeal of an order denying appellant Allen Lynn
Penn's petition for leave to proceed in forma pauperis in
a civil matter, which concerns the filing of a petition for
writ of mandamus in which Penn sought the release of
documents from his criminal case file. The matter has been
fully briefed,  but we determine that the matter must be
remanded so that the circuit clerk may correct and supplement
the record in accord with our holding in Dunahue v.
Raines, 2016 Ark. 426, __S.W.3d__ (per curiam)
order denying Penn's pro se petition to proceed as a
pauper is file marked, as is the notice of appeal. The
petition for leave to proceed in forma pauperis and other
documents that were included by the clerk as attachments to
the order, including the mandamus petition with which Penn
sought to commence a civil action, are, however, not file
marked. The certification by the clerk indicates that the
documents are true copies of those submitted by Penn and that
a miscellaneous case number that is not specific to the
matter was assigned.
court previously indicated that, regardless of the reason for
denying it, a petition for leave to proceed in forma pauperis
must be file marked. Dunahue v. Dennis, 2016 Ark.
285 (per curiam) (Dunahue I). This court has
remanded to correct and supplement the record in cases where
the circuit clerk did not file-mark tendered petitions,
including an in forma pauperis petition and its underlying
habeas petition, that were necessary for review. See
Halfacre v. Kelley, 2016 Ark. 71 (per curiam).
Dunahue I, this court noted a serious issue
concerning a statewide practice where inmates' pleadings
were not always filed, which prevented the inmates from
appealing any adverse decisions. In Dunahue II, we
adopted the findings of the special master, with one change,
regarding the need for all circuit clerks to adopt and
implement policy changes to address this concern. The new
policy regarding inmate civil-case filings as described in
the special master's report and adopted by the Lincoln
County Circuit Court in response to Dunahue II was
1. Upon receipt of an inmate's complaint/petition
initiating a civil case but not accompanied by payment of the
requisite filing fee, the Clerk shall confirm that the
pleadings are accompanied by the proper completed documents:
Cover Sheet, Complaint/Petition, Petition to proceed In Forma
Pauperis, Affidavit in Support of Petition to Proceed In
Forma Pauperis, and a 'Calculation of Initial Payment of
Filing Fee' form completed and signed by the designated
Department of Correction official. If any form is incomplete
or omitted, the Clerk shall return the complaint/petition
with a 'Notice of Incomplete Filing' to the inmate
indicating what documents must be completed and/or included.
2. Upon receipt of a Complaint/Petition accompanied by the
proper completed documents (set forth in paragraph 1 above),
the Clerk shall file the documents, assign them a Circuit
Court case number, and submit the documents to the Circuit
Judge of the Fifth Division of Circuit Court for a ruling on
the petition to proceed informa pauperis.
3. If the Circuit Court sets a partial or full filing fee, a
copy of the Court's order shall be sent to the inmate by
the clerk. No action shall commence on the Petition/Complaint
until the filing fee is paid.
4. Upon payment of the required filing fee, the Clerk shall
notify the Circuit Court of its receipt.
5. If the inmate appeals the Court's denial of the motion
to proceed informa pauperis, the Clerk shall submit a
certified copy of the record to the ...