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01/16/90 MARION B. WARRINER LEWIS v. ISAAC FULWOOD

COURT OF APPEALS OF THE DISTRICT OF COLUMBIA


January 16, 1990

MARION B. WARRINER LEWIS, APPELLANT
v.
ISAAC FULWOOD, D.C. POLICE CHIEF, ET AL., APPELLEES

Before Belson, Terry, and Farrell, Associate Judges.

The opinion of the court was delivered by: Per Curiam

ORDER

PER CURIAM

On consideration of appellant's motion for summary reversal and request for appointment of emergency Judge and establishment of trial date, emergency expedited motion for appointment of presiding trial Judge and motion for commencement of trial, it is

ORDERED that the motion for summary reversal is granted. The trial Judge denied without prejudice appellant's motion for leave to proceed in forma pauperis, ruling that "D.C. Code § 15-712 does not require the court to waive costs in order to allow the filing of a purely frivolous civil action." Trial Court Order dated December 1, 1989. D.C. Code § 15-712 provides for the granting of in forma pauperis status upon proper application. See Green v. Green, 562 A.2d 1214 (D.C. 1989). The statute does not provide for the denial of in forma pauperis status does not provide for the denial of in forma pauperis status based upon the lack of merit of the underlying action. Compare 28 U.S.C. § 1915 (d) ("The court . . . may dismiss the case if the allegation of property is untrue, or if satisfied that the action is frivolous or malicious"). If the complaint is frivolous, the trial court may dismiss it upon proper application. It is

FURTHER ORDERED that the motion for appointment of an emergency Judge and the establishment of a trial date is denied. It is

FURTHER ORDERED that the emergency expedited motion for appointment of presiding trial Judge is denied. It is

FURTHER ORDERED that the motion for commencement of trial is denied.

19900116

© 1997 VersusLaw Inc.



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