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TAHTINEN v. SUPERIOR COURT, PINAL COUNTY

Nos. M-354, M-357 and M-362.

130 Ariz. 513 (1981)

637 P.2d 723

Michael D. TAHTINEN, Petitioner, v. SUPERIOR COURT, PINAL COUNTY, Respondent, Robert GOLDSMITH, Warden of the Central Unit of the Arizona State Prison and the Department of Corrections, an Administrative Agency of the State of Arizona, Real Parties in Interest. Jim DOWNS, Petitioner, v. SUPERIOR COURT, PINAL COUNTY, Respondent, Bradley SYMOLEN, Jane Doe Symolen, his wife; and the Department of Corrections, an Agency of the State of Arizona, Real Parties in Interest. James PIATT and Terry Von Jackson, Petitioners, v. Elizabeth Urwin FRITZ, Clerk of the Court of Appeals, Division Two and Alma Haught, Clerk of the Pinal County Superior Court, Respondents, and The STATE of Arizona, Real Party in Interest.

Supreme Court of Arizona, In Banc.

Rehearing Denied December 15, 1981.

Attorney(s) appearing for the Case

Michael D. Tahtinen, in pro. per.

Robert K. Corbin, Atty. Gen., Rory C.H. Abate, Asst. Atty. Gen., Phoenix, for Robert Goldsmith and the Department of Corrections, real parties in interest and respondents and the State of Ariz., real party in interest.

Jim Downs, in pro. per.

Robert K. Corbin, Atty. Gen., Jay R. Adkins, Asst. Atty. Gen., Phoenix, for Bradley Symolen and Jane Doe Symolen and the Department of Corrections, real parties in interest.

James Piatt, Terry Von Jackson, in pro. per.

Rehearing Denied December 15, 1981 in M-362 only.

GORDON, Justice:

These three special actions raise the same issue: Do indigents have the right to file a civil action or civil appeal without paying the filing fee to the appropriate clerk of the court? We have consolidated these special actions to consider this issue.

All three special actions were filed by prisoners at the Arizona State Prison. Case No. M-354 involved a complaint alleging a denial...

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