Perry v. State (Majority, with Dissenting)
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The Supreme Court affirmed the judgment of the circuit court denying Appellant's petition to proceed in forma pauperis after seeking judicial review of Arkansas Department of Correction disciplinary proceedings under the Administrative Procedure Act, holding that Appellant failed to allege a basis for judicial review.
Appellant, an inmate at the ADC, argued that he was prevented from presenting evidence and calling witnesses at his disciplinary hearing in violation of ADC policy and that his due process rights were violated thereby. The circuit court denied Appellant's petition to proceed as a pauper. The Supreme Court affirmed, holding that the circuit court properly denied Appellant's petition to proceed in forma pauperis because Appellant's underlying petition clearly failed to state a colorable cause of action.
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