Ashby v. State

Summary

The court affirmed the denial of Ashby’s petition to proceed in forma pauperis because his proposed prohibition action did not state a colorable cause of action. The proposed writ challenged a state agency’s completed risk assessment, named the State rather than an inferior tribunal or other necessary party, and sought relief beyond the scope of prohibition. Because the defect was legal and apparent from the pleadings, no remand for additional indigency findings was required.