Palmer v. O'Dea

OPINION

GARDNER, Judge:

Larry Wayne Palmer (Palmer) appeals from an order of the Morgan Circuit Court dismissing his action for failing to comply with a prior filing fee order. We affirm.

Palmer is an inmate at the Eddyville State Penitentiary. On May 19, 1998, he filed a petition with the Morgan Circuit Court seeking a declaration of rights, and sought to proceed in forma pauperis. Shortly thereafter, the court entered an order setting his filing fee at $5.00. Palmer did not tender the filing fee within the forty-five day period set forth in the order, and the court dismissed his action without…