Russell Berger v. Bill Bryant

Summary

The court affirmed the denial of Russell Berger’s request to proceed in forma pauperis because his petition for declaratory and mandamus relief failed to state a colorable cause of action. The court held that Berger’s incarceration barred him from accessing the requested public records under the applicable public-records statute, and therefore no justiciable controversy existed. Because the underlying declaratory claim was legally deficient, the related mandamus claim also could not support in forma pauperis status.