Fredy Vasquez a/k/a Freddie Vasquez and Freddy Vasquez v. Honorable Alan D. Epley, Judge

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

APRIL 24, 2003

FREDY VASQUEZ

a/k/a Freddie Vasquez and

Freddy Vasquez

Petitioner

v.

HONORABLE ALAN D. EPLEY, JUDGE

Respondent

CR 03-149

PRO SE MOTION FOR RULE ON CLERK TO FILE MANDAMUS PETITION WITHOUT RECORD [CIRCUIT COURT OF CARROLL COUNTY, NO. CR 98-56]

MOTION DISMISSED

Fredy Vasquez, who is also known as Freddie Vasquez and Freddy Vasquez, tendered to this court a petition for writ of mandamus contending that the Honorable Alan D. Epley, a circuit judge in Carroll County, had failed to perform some duty with respect to Vasquez's criminal case. Vasquez subsequently filed the instant motion seeking to file the mandamus action without the certified record required by our clerk to file such an action.

Our 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. Jackson v. Tucker, 325 Ark. 318, 927 S.W.2d 336 (1996). Without this certified record, there is no basis on which this court can assume jurisdiction of a matter. Accordingly, the motion for rule on clerk is dismissed.

Motion dismissed.

Glaze, J., not participating.