Johnson v. Buehler

DOWD, Presiding Judge.

Plaintiff filed suit in Warren County against his appointed counsel and against the State Public Defender, claiming intentional failure to prosecute his Rule 27.26 motion and requesting appointment of new counsel, monetary damages and costs. The circuit court judge dismissed the petition after finding it “to be totally frivolous and malicious” and finding improper venue. Plaintiff subsequently submitted a notice of appeal to this court along with a copy of an application, directed to the Circuit Court, to proceed with the appeal in forma pauperis. § 514.040, RSMo 1986.…