ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

FEBRUARY 15, 2001

EUGENE ISAAC PITTS

Petitioner

v.

POST-PRISON TRANSFER BOARD

Respondent

00-267

PRO SE MOTION TO WITHDRAW MOTION FOR RULE ON CLERK [CIRCUIT COURT OF PULASKI COUNTY, NO. CV 99-5881]

MOTION TO WITHDRAW MOTION FOR RULE ON CLERK GRANTED IN PART AND DENIED IN PART

In 1999, Eugene Isaac Pitts brought a civil action for declaratory judgment against the Arkansas Post Prison Transfer Board. On November 4, 1999, the circuit court dismissed the action on the ground that no justiciable controversy existed. Pitts filed a notice of appeal and attempted to lodge the record in this court without paying a filing fee. When he was notified that he must remit a filing fee to the clerk to lodge an appeal in a civil matter, he filed a motion asking this court to waive the filing fee. We dismissed the motion. Pitts v. Post-Prison Transfer Board, 00-267 (May 11, 2000).

On June 28, 2000, Pitts tendered a partial filing fee to lodge the appeal which was returned to him because there is no statutory provision for a partial filing fee to be accepted by an appellate court.1 On September 18, 2000, Pitts tendered the full filing fee, but our clerk declined to lodge the record at that time because the time allowed for lodging a record had elapsed. Pitts' then paid the filing fee required to filed a motion for rule on clerk seeking to file the record belatedly. On February 6, 2001, Pitts filed a motion to withdraw the motion for rule on clerk and for return of the fee he paid to file the motion.

The motion to withdraw the motion for rule on clerk is granted, but the filing fee is not subject to refund.

Motion to withdraw motion for rule on clerk granted in part and denied in part.

1 Arkansas Code Annotated §16-68-601, et seq (1997), provides that lower courts may accept an initial partial filing fee from incarcerated persons to file civil actions.