Opinion
No. 12-556
09-20-2012
DEVIN ALEX PHILLIP PENDLETON PETITIONER v. C'ANNE C. CLIFTON RESPONDENT
PRO SE MOTION TO PROCEED IN
FORMA PAUPERIS [SEBASTIAN
COUNTY CIRCUIT COURT, FT.
SMITH DISTRICT, PR 12-54, HON.
JIM D. SPEARS, JUDGE]
MOTION DENIED.
PER CURIAM
The Sebastian County Circuit Court entered an amended decree of adoption regarding petitioner Devin Alex Phillip Pendleton's minor child that terminated petitioner's parental rights. Petitioner filed a notice of appeal and tendered a record to this court. Petitioner has filed a pro se motion to proceed in forma pauperis in this court, seeking to lodge the record and pursue an appeal of the order terminating his parental rights. We deny the motion.
The notice of appeal filed by appellant was not signed either by petitioner, acting pro se, or by an attorney representing petitioner in the proceedings. The notice was not therefore effective, and should have been struck from the record. See Ark. R. Civ. P. 11(a) (2011). Because the record before us is not adequate to support an appeal, we deny petitioner's request to proceed in the matter, without need to consider his request to proceed as a pauper.
We note, however, that the form affidavit that petitioner submitted with his motion was incomplete. Petitioner failed to provide a response to questions concerning support provided to any dependents and funds in the inmate welfare fund.
Motion denied.
BROWN, J., not participating.