Penn v. Gallagher

Summary

The court denied Penn’s request to proceed in forma pauperis for filing a motion for rule on clerk because he did not demonstrate a colorable cause of action and did not allege that a fundamental right was implicated. It held that a filing fee is required when no fundamental right is involved and directed Penn to pay the fee within thirty days if he wished to proceed. The court also explained that a circuit-court order is ineffective for appellate purposes until it is entered of record.