Breeden v. Kelley

The Supreme Court affirmed the circuit court’s denial of Appellant’s pro se petition to proceed in forma pauperis, holding that the circuit court did not abuse its discretion in finding that Appellant should not be permitted to proceed.The circuit court denied Appellant’s request for pauper status because it found the underlying writ of habeas corpus did not contain a colorable cause of action. Specifically, the circuit court found that Appellant had established that he was indigent, but he did not raise a cognizable claim. The Supreme Court affirmed, holding that the decision to deny Appellant’s request for pauper status was proper where Appellant’s habeas petition clearly failed to state a colorable cause of action because it did not state sufficient nonconclusory facts to support cognizable claims. View "Breeden v. Kelley" on Justia Law