ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

FEBRUARY 8, 2001

DENNIS GLICK

Appellant

v.

TERRY CASS AND GEORGE

BREWER

Appellees

00-893

PRO SE MOTION TO FILE A HANDWRITTEN BRIEF AND FOR EXTENSION OF TIME and MOTION FOR APPOINTMENT OF COUNSEL [CIRCUIT COURT OF JEFFERSON COUNTY, NO. CIV 99-455-2-3, HON. FRED DAVIS, JUDGE]

MOTION TO FILE A HANDWRITTEN BRIEF DENIED IN PART AND GRANTED IN PART; MOTION FOR APPOINTMENT OF COUNSEL DENIED

Dennis P. Glick, who is in the custody of the Arkansas Department of Correction as a result of multiple felony convictions, filed a civil complaint against two persons employed by the Department of Correction. The petition was denied, and the record has been lodged in this court on appeal. Appellant now seeks leave to file a handwritten appellant's brief and an extension of time to file the brief and appointment of counsel. Appellant further asks that he be excused from the requirement that an appellant provide seventeen copies of the appellant's brief.

There is no absolute right to file a handwritten brief on appeal. Miner v. Furman, 318 Ark. 883 (1994); see Green v. State, 277 Ark. 129, 639 S.W.2d 512 (1982). We have held, however, that if the pro se appellant makes a substantial showing that he is entitled to relief and that he does not have access to a typewriter, we will accept a legible handwritten brief. Glick v. Lockhart, 288Ark. 417, 706 S.W.2d 178 (1986); see Howard v. Lockhart, 300 Ark. 144, 777 S.W.2d 223 (1989); Hayes v. Lockhart, 288 Ark. 419, 706 S.W.2d 179 (1986). We have adopted a similar practice with respect to appointment of counsel in civil matters wherein there is no absolute right to appointment of counsel, requiring a showing of substantial merit before counsel will be appointed. Mixon v. State, 318 Ark. 762, 887 S.W.2d 307 (1994); see Virgin v. Lockhart, 288 Ark. 92, 702 S.W.2d 9 (1986).

As the appellant here states in conclusory fashion that the appeal has merit with no showing that there is substantial merit to the appeal, the requests to file a handwritten brief and for appointment of counsel are denied. We will, however, grant appellant's request for an extension of time to file the brief, seventeen copies of which must be tendered. The date for filing the appellant's brief is extended to forty days from the date of this opinion.

Motion to file a handwritten brief and for extension of time denied in part and granted in part; motion for appointment of counsel denied.