Stanley v. Coomer, 2014 Ark. 338

Petitioner Oscar W. Stanley filed in Sebastian County Circuit Court seeking leave to proceed in forma pauperis to bring a civil petition for declaratory judgment against Ray Hobbs, Director of the Arkansas Department of Correction.
The circuit court denied Stanley’s in forma pauperis petition, finding the proposed pleading did not state a colorable cause of action.
Stanley appealed the denial and tendered the record to the Arkansas Supreme Court, along with a motion for leave to lodge the appeal without paying the filing fee.
The record before the Supreme Court contained only the in forma pauperis petition, the circuit-court denial, and the notice of appeal.
Stanley’s asserted basis: the sentencing-phase record and alleged failure to adhere to plea-agreement terms by the circuit clerk/Department of Correction justify voiding the plea and support his declaratory-judgment claim.
The Supreme Court evaluated Stanley’s filings against Rule 72 and precedent requiring a showing of a colorable cause of action to proceed in forma pauperis in civil matters.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether petitioner may proceed in forma pauperis on appeal	Stanley: his petition alleges plea-agreement terms were not met, so his declaratory-judgment claim is colorable and he cannot pay filing fees	Respondent/court: the record fails to show a colorable cause of action; no fundamental right implicated so fees are permissible	Denied — Stanley did not show a colorable cause of action and must pay the filing fee within 30 days to proceed

Brown v. Sachar, 2013 Ark. 319 (per curiam) (explaining in forma pauperis in civil cases requires a colorable cause of action)
Boles v. Huckabee, 340 Ark. 410 (2000) (per curiam) (same standard for colorable cause under Rule 72)
Partin v. Bar of Ark., 320 Ark. 37 (1995) (fees do not violate due process when no fundamental right is implicated)
Young v. Black, 366 Ark. 198 (2006) (per curiam) (procedural precedent on appellate filing fee obligations)