McCullough v. Kelley

The Supreme Court denied Petitioner’s pro se motion for belated appeal of an order that dismissed Petitioner’s pro se petition for declaratory judgment and mandamus relief, holding that the order that Petitioner would appeal was not a final, appealable order.In his petition, Petitioner alleged that Defendants, including the director of the Arkansas Department of Correction (ADC), violated his due process rights and implemented disciplinary procedures against him in violation of ADC policy. The circuit court dismissed the petition without prejudice, finding that Petitioner had failed to serve the defendants as required. The Supreme Court denied Petitioner’s motion for belated appeal of the order, holding that the order was not a final, appealable order because Petitioner was allowed under the procedural rules to refile his claim after his petition had been dismissed. View "McCullough v. Kelley" on Justia Law