Medina v. DISTRICT COURT FOR COUNTY OF OTERO

This is an original proceeding wherein petitioner, Medina, seeks a writ in the nature of mandamus to compel the district court to grant petitioner leave to proceed in forma pauperis under 1965 Perm. Supp., C.R.S. 1963, 33-1-3. Suit initially was brought against petitioner in county court, but he counterclaimed in district court pursuant to R.C.C.C.P.313(b) and thereafter moved to proceed without payment of court costs. The trial court denied the motion.

Hearing on the motion was held in the district court wherein the undisputed evidence was that petitioner is married, has six children and is…