Battle v. Sparks

Blackburn, Judge.

Appellant Terry Lee Battle submitted an affidavit of indigency and a pro se complaint to the clerk of the Superior Court of the Macon Judicial Circuit naming three defendants. Pursuant to OCGA § 9-15-2 (d), the clerk presented the pleading to a superior court judge who entered an order on July 23, 1993, refusing to allow the complaint to be filed against the defendants. This appeal followed.

When a civil action is instituted by an indigent party who is not represented by an attorney, the trial judge is required to “review the pleading and, if the judge determines that the…