Halfacre v. Kelley

ROBIN F. WYNNE, Associate Justice *835Kenny Halfacre appeals from an order of the Jefferson County Circuit Court denying his motion to proceed in forma pauperis and ordering the Arkansas Department of Correction (ADC) to withhold the applicable filing fee from his inmate account. He contends on appeal that his Veterans' Administration disability benefits cannot be counted as income in determining his indigency status pursuant to federal law. While we see no error in including his benefits as part of the indigency determination, we hold that applicable federal law prohibits the circuit court from…