McClinton v. Dennis , 2015 Ark. 104 ( 2015 )

  •                                        Cite as 
    2015 Ark. 104
                        SUPREME COURT OF ARKANSAS
                                              No.   CV-14-1123
                                                          Opinion Delivered March 5, 2015
                                                          PRO SE MOTION FOR RULE ON
    EDMOND McCLINTON                                      CLERK TO PROCEED WITHOUT A
                                     PETITIONER           CERTIFIED RECORD
                                                          [LINCOLN COUNTY CIRCUIT
    V.                                                    COURT, NO. 40CV-14-67]
    JUDGE                                                 MOTION DENIED.
                                               PER CURIAM
           Petitioner Edmond McClinton tendered to this court a pro se petition for writ of
    mandamus, alleging that the respondent circuit judge had not acted in a timely manner on a pro
    se petition for writ of habeas corpus that he filed in the Lincoln County Circuit Court in 2014.
    Now before us is petitioner’s motion for rule on clerk seeking to file the mandamus petition
    without the certified record required to file such an action. See Paige v. State, 
    2012 Ark. 413
           Arkansas Supreme Court Rule 6-1(a) provides that in cases in which the jurisdiction of
    this court is in fact appellate, although in form original, such as petitions for writs of prohibition,
    certiorari, or mandamus, the pleadings with certified exhibits from the trial court are treated as
    the record. Ark. Sup. Ct. R. 6-1(a) (2014); Hall v. Johnson, 
    2013 Ark. 137
     (per curiam); Boykins v.
    2013 Ark. 63
    426 S.W.3d 379
     (per curiam); Wright v. Griffen, 
    2012 Ark. 313
    curiam); Barnett v. Tabor, 
    2010 Ark. 22
     (per curiam); Davis v. Dennis, 
    2009 Ark. 474
     (per curiam);
    Dillard v. Keith, 
    336 Ark. 521
    986 S.W.2d 100
     (1999) (per curiam). This court cannot assume
    jurisdiction of the mandamus petition tendered by petitioner without a certified record. Hall,
                                         Cite as 
    2015 Ark. 104
    2013 Ark. 137
    ; Boykins, 
    2013 Ark. 63
    426 S.W.3d 379
    ; Wright, 
    2012 Ark. 313
    . Accordingly, as
    jurisdiction must be established before this court can act, it is petitioner’s responsibility to
    provide the certified record necessary for this court to proceed.
           Motion denied.
           Edmond McClinton, pro se petitioner.
           No response.

Document Info

DocketNumber: CV-14-1123

Citation Numbers: 2015 Ark. 104

Judges: Per Curiam

Filed Date: 3/5/2015

Precedential Status: Precedential

Modified Date: 3/5/2015