Griffis v. Lazarovich

I agree with the majority’s conclusion that because Plaintiff failed to timely file an affidavit of indigency, the trial court did not abuse its discretion in denying Plaintiff’s motion to proceed informa pauperis on appeal. However, I disagree with the majority’s analysis regarding Plaintiff’s right to proceed in forma pauperis in the proceedings below.

A trial court does not possess unfettered discretion in determining whether a person can sue as an indigent. N.C. Gen. Stat. § 1-110, authorizes an individual to sue as an indigent if the “person makes the required affidavit and meets one or…