Charles J. Davis Sr. v. Jay Phelps, Bartholomew County Clerk

BAKER, Judge.

[1] Charles Davis Sr. appeals the trial court’s order dismissing his complaint for failure to make a timely payment of filing fees. Finding that the trial court was statutorily required to give Davis forty-five days to make the payment, but gave him only thirty days, and that Davis made the required payment within forty-five days, we reverse and remand.

[2] On January 19, 2016, Davis filed a complaint against Jay Phelps, the Bartholomew County Clerk, for an alleged violation of the Indiana Access to Public Records Act. Because Davis is incarcerated, he filed a motion for waiver of…