ATKINS v. PERRY CIRCUIT COURT (2024)

Published Order

On March 28, 2024, the Perry Circuit Court entered an administrative order barring Appellant from entering the Perry County Courthouse without an assigned escort. The order explains the court imposed this restriction because Appellant has “shown a pattern of behavior which has given employees concern for their safety.”

Appellant filed a Notice of Appeal, which is defective in several respects. First, it incorrectly indicates the order being appealed is a final judgment, as defined by Appellate Rules 2(H) and 9(I). The Notice also cites Appellate Rule 4(B) generally, without indicating which provision gives this Court jurisdiction over the appeal. And the Notice does not certify whether the case involves an appeal entitled to priority by rule or statute. Finally, while Appellant tendered an order giving her leave to proceed in forma pauperis in an unrelated case, we note that our November 1, 2023 order in State ex rel. Atkins v. Crawford Circuit Court, No. 23S-OR-305, found she was an abusive litigant and restricted her ability to file documents in this Court without paying the filing fee.

Being duly advised, the Court DISMISSES this appeal and imposes the following restrictions on Appellant: (1) Any Notice of Appeal Appellant files in this Court must fully comply with the content requirements of Appellate Rule 9(F) and Form #App.R. 9-1. (2) When Appellant seeks to appeal or petition to transfer to this Court, she must either pay the appellate filing fee as required by Appellate Rule 9(E) or comply with Appellate Rule 40 by showing she has been granted permission by the trial court to proceed on appeal in forma pauperis. (3) Appellant must include a copy of this order with all documents, motions, and Notices of Appeal that she tenders with the Clerk of this Court. If Appellant does not fulfill each of these requirements, then the Clerk is directed to return the document, motion, or notice to Appellant without docketing it.