Supreme Court of Arkansas

russell berger v. wendy kelley

December 20, 20182018 Ark. 381

Summary

The court held that the order finding Berger was not indigent and requiring payment of an initial partial filing fee was appealable because it effectively denied his request to proceed in forma pauperis. The court nevertheless remanded because the order contained no factual findings explaining the indigency determination. The remand was limited to requiring an explanation of the existing determination, not reconsideration of that determination.