Dolandon v. Mack v. Wendy Kelley

Summary

The court affirmed the denial of Mack’s petition to proceed in forma pauperis because his proposed habeas petition did not assert a claim cognizable in habeas proceedings. Although Mack established indigency, his allegations that the terms of his guilty-plea agreement were not honored amounted to an involuntary-plea or improper-plea-procedure claim, not a challenge that his sentence was void or illegal. The court therefore found remand unnecessary despite the circuit court’s limited findings regarding colorability.