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SUPREME COURT OF ARKANSAS.
No. CV-16-907
KENNETH RAY PITTS Opinion Delivered April 20, 2017
APPELLANT
PRO SE MOTIONS FOR
V. APPOINTMENT OF COUNSEL AND TO
PROCEED WITHOUT COSTS
PATRICK S. DRUMMOND, APN; [PULASKI COUNTY CIRCUIT COURT,
WILLIAM BENTON, HEALTH SERVICES NO. 60CV-50-6]
ADMINISTRATOR; ROY GRIFFINS,
DEPUTY DIRECTOR, HEALTH AND HONORABLE TIMOTHY DAVIS
CORRECTIONAL PROGRAM; FOX, JUDGE
ARKANSAS DEPARTMENT OF
CORRECTION MOTION TO PROCEED WITHOUT
APPELLEES COSTS MOOT; MOTION FOR
APPOINTMENT OF COUNSEL DENIED
IN PART AND GRANTED IN PART;
PRO SE BRIEF DUE 30 DAYS FROM
THE DATE OF THIS ORDER.
PER CURIAM
Kenneth Ray Pitts sought leave in Pulaski County Circuit Court to proceed in forma
pauperis on a civil “complaint for money damages, preliminary injunction relief and jury
trial demand.” The trial court denied Pitts’s in forma pauperis petition, and Pitts filed a
notice of appeal of that order. A record on appeal was lodged in this court, and when Pitts
filed two motions—a motion for appointment of counsel and a motion requesting this court
to require the circuit clerk to file-mark the in forma pauperis petition and complaint—we
remanded for a supplemental record. Pitts v. Drummond, 2017 Ark. 47 (per curiam). The
supplemental record has been returned, and we now address the two motions that Pitts filed.
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In his motion “to be allowed to proceed without costs in the circuit court,” Pitts
would have this court declare him to be proceeding as a pauper on appeal and direct the
circuit clerk to file the in forma pauperis petition that he submitted to the circuit court.
Because Pitts’s appeal was lodged and the supplemental record has been returned, that
motion is now moot.
In his motion for appointment of counsel, Pitts asserts that he cannot proceed on
appeal because he is not a licensed attorney and to do so would be to act fraudulently and
illegally, that the conditions of his incarceration limit his ability to comply with the time
requirements to file his brief, and that, because either a trial or oral argument is likely to be
required in the matter, he requires counsel to assist with the presentation of evidence. Pitts’s
contention that oral argument or other hearing on the denial of a request to proceed in
forma pauperis is likely to be required is unfounded because he provides no reason that the
matter may not be easily resolved on the record and the briefs. His claim that he cannot
represent himself is also unfounded. Pro se litigants are permitted to represent their own
interests. Pitts v. Hobbs, 2011 Ark. 138 (per curiam); see also Preston v. Univ. of Ark. for Med.
Scis., 354 Ark. 666, 128 S.W.3d 430 (2003); Ark. Bar Ass’n v. Union Nat’l Bank of Little
Rock, 224 Ark. 48, 51, 273 S.W.2d 408, 410 (1954). Pitts commits no fraud in proceeding
pro se if he represents himself, and he has been provided with this court’s rule denoting the
procedure for filing a pro se brief.
This matter is civil, and there is no right to appointment of counsel in a civil action.
Holloway v. Beebe, 2013 Ark. 12 (per curiam). Nevertheless, this court has held that if an
appellant makes a substantial showing that he or she is entitled to relief and that he or she
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cannot proceed without counsel, it will appoint counsel. Id. Pitts made no more than a
conclusory allegation that his appeal has merit, and without a demonstration of merit set
forth in the motion, it will be denied. Id.
To the extent, however, that Pitts would request an extension of time in which to
file his brief, we grant the request. Pitts has made no previous request for an extension of
time. His brief is now due thirty days from the date of this order.
Motion to proceed without costs moot; motion for appointment of counsel denied
in part and granted in part; pro se brief due 30 days from the date of this per curiam order.
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