Zimmerman v. Hanks

OPINION

SHARPNACK, Judge.

William K. Zimmerman appeals the small claims court's order dismissing his complaint for failure to prosecute. Zimmerman raises two issues, which we restate as:

1. Whether the small claims court erred when it denied Zimmerman's motion for appointment of counsel *754pursuant to Ind.Code § 34-10-1-2; 1 and

2. Whether the small claims court denied Zimmerman his constitutional right to bring a civil action.

We reverse and remand for specific findings.

The relevant facts follow. While incarcerated at the Wabash Valley Correctional Facility ("WVCF"), Zimmerman, pro se, filed a small…