Cite as
2016 Ark. 171
SUPREME COURT OF ARKANSAS.
No. CV-15-958
Opinion Delivered April 14, 2016
KENNY HALFACRE
APPELLANT
PRO SE APPEAL FROM DENIAL OF
V. PETITION TO PROCEED IN FORMA
PAUPERIS
WENDY KELLEY, DIRECTOR [LINCOLN COUNTY, NO. __________]
ARKANSAS DEPARTMENT OF
CORRECTION HONORABLE JODIE RAINES
APPELLEE DENNIS, JUDGE
SHOW CAUSE ORDER ISSUED.
PER CURIAM
On September 25, 2015, appellant, Kenny Halfacre tendered an appeal record to the
clerk of this court, which was rejected because it lacked a file-marked copy of the order
denying Halfacre’s application for in-forma-pauperis status, from which Halfacre had
appealed. Because the circuit court had denied Halfacre’s in-forma-pauperis petition, the
Lincoln County circuit clerk would not assign a docket number or file mark the relevant
pleadings until Halfacre paid the assessed fees. Instead of paying, Halfacre appealed.
However, the record could not be lodged because the orders had not been properly file
marked. Halfacre then filed a motion for rule on the clerk.
On February 18, 2016, this court entered a per curiam order granting Halfacre’s
motion for rule on clerk, we remanded the record back to the circuit court with directions
to submit, within ten days, all relevant pleadings properly file marked and certified by the
circuit clerk. Halfacre v. Kelley, 2016 Ark. 71. This included a file marked, certified copy
Cite as 2016 Ark. 171
of the circuit court’s order denying Halfacre’s indigency petition, the petition or affidavit of
indigency, and Halfacre’s petition for a writ of habeas corpus.
Id.
In our previous order, this court explained that remanding the record was necessary
because, pursuant to Arkansas Rule of Civil Procedure 58 (2015), an order or decree is only
effective if it is entered in accordance with Administrative Order No. 2 (b) (2) (2015).
Administrative Order No. 2 states in pertinent part that the clerk shall denote the date and
time an order is filed by stamping it with the word “filed.” See Mitchell v. Post-Prison Transfer
Board, 2015 Ark. 140, at 3; see also Penn v. Gallagher,
2015 Ark. 354; Penn v. Gallagher,
2015
Ark. 472. Thus, our directions were clear––the circuit clerk must submit documents
stamped with the word “filed.”
On February 22, 2016, the circuit clerk, Cindy Glover, returned the record to this
court. The relevant documents were certified, but the documents were stamped “received,”
rather than “filed.” Consequently, this court’s clerk could not lodge this tendered record
because, again, the documents were not stamped in accordance with proper procedure
pursuant to Administrative Order No. 2(b)(2). On March 28, 2016, the circuit clerk
forwarded a second certified record to this court that contained the same documents
submitted in February, bearing the same stamp of “received.” No circuit court docket
number had been assigned to Halfacre’s pending action.
In our order of February 18, 2016, we made clear that a circuit court is charged with
filing its orders so that an appeal can be taken if a party so desires. Penn v. Gallagher, 2015
Ark. 472, at 4 (per curiam). We also explained that a circuit court may not prevent an
appeal from an adverse decision by implementing procedures that prevent indigent
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petitioners for filing timely appeals. White v. State,
373 Ark. 415, 418,
284 S.W.3d 64, 66
(2008) (per curiam).
Because the records submitted by the circuit clerk did not comply with this court’s
unambiguous direction to provide a record that was file marked in accordance with
Administrative Order 2 (b) (2), Cindy Glover, Circuit Clerk of Lincoln County is directed
to appear before this court at 9:00 a.m. on Thursday, May 5th and show cause why she
should not be held in contempt for failing to comply with this court’s order of February 18,
2016.
Show cause order issued.
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