Funkhouser v. Meadowview Nursing Home

SHRUM, Presiding Judge.

Pro se plaintiff appeals from the trial court’s dismissal with prejudice of his wrongful death action. We reverse the judgment of dismissal and remand.

FACTS

The plaintiffs petition was, in the words of the docket entry, “presented to the Court for filing” on May 29, 1990. By motion of the same date, the plaintiff sought “leave to proceed in this action in forma pauperis.” A May 31, 1990, docket entry states that the plaintiff’s motion for leave to file in forma pauperis was “sustained” and his petition “filed.” The face of the petition is stamped twice, indicating it was…