ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

OCTOBER 30, 2003

IN THE MATTER OF THE ADOPTION OF H. A. P., A MINOR

TONY PENNINGTON

Petitioner

v.

BRENT CHARLES SPEAKER

Respondent

03-822

PRO SE MOTION TO PROCEED IN FORMA PAUPERIS ON MOTION FOR RULE ON CLERK [CIRCUIT COURT OF SEBASTIAN COUNTY, FT. SMITH DISTRICT, NO. PR 2002-98 (II), HON. HARRY A. FOLTZ, JUDGE]

MOTION GRANTED

Per Curiam

In 2002, Brent Charles Speaker filed a petition seeking to adopt H. A. P., a minor child and biological daughter of Tony Pennington. The petition was granted and a final decree of adoption was entered on January 17, 2003.

Mr. Pennington filed a timely notice of appeal, but he did not tender the record on appeal to this court within the time period set by Rule 4 (a) of the Rules of Appellate Procedure-Civil. Pennington subsequently tendered a pro se motion for rule on clerk without the fee required to file it. He now asks to be permitted to file the motion without having to pay a filing fee.

As the tendered record contains an order entered by the lower court declaring petitioner Pennington to be indigent and the matter at issue is the adoption of a minor child, we will permit the motion for rule on clerk to be filed without a filing fee. See Petition of Hutton, 301 Ark. 538, 785 S.W.2d 33 (1990).

Motion granted.