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SMITH v. MOORE

No. 96,949.

50 P.3d 215 (2002)

2002 OK 49

Eugene SMITH, Appellant, v. The Honorable Mark A. MOORE, District Court Judge, Blaine County, Appellee.

Supreme Court of Oklahoma.

June 11, 2002.

Attorney(s) appearing for the Case

Eugene Smith, pro se.

WINCHESTER, J.

¶ 1 The appellant, Eugene Smith, a prisoner, filed an application for a writ of mandamus and requested pauper status so that court costs would be waived. The trial court issued an order dated September 24, 2001, which found that Smith had an income of $24.00 per month for "gang pay." The court then assessed $48.00 of court costs against Smith, citing Foust v. Pearman, 1992 OK 135,

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