Bufford McDonald v. Honorable Timothy Weaver, Judge

ARKANSAS SUPREME COURT
NOT DESIGNATED FOR PUBLICATION

April 29, 2004

BUFFORD MCDONALD

Petitioner

v.

HONORABLE TIMOTHY WEAVER, JUDGE

Respondent

04-109

PRO SE MOTION FOR RECONSIDERATION OF MOTION FOR RULE ON CLERK TO FILE MANDAMUS PETITION WITHOUT RECORD [CIRCUIT COURT OF IZARD COUNTY, NO. UNKNOWN]

MOTION DISMISSED

Per Curiam

Bufford McDonald tendered to this court a petition for writ of mandamus contending that the Honorable Timothy Weaver, a circuit judge in Izard County, had failed to perform some duty with respect to a civil pleading in the Circuit Court of Izard County. McDonald subsequently filed a motion seeking to file the mandamus action without the certified record required by this court to file such an action. The motion was dismissed. McDonald v. Weaver, J., 04-109 (Ark. March 17, 2004) (per curiam).

Petitioner now asks that the motion be reconsidered on the grounds that there was no certified record in existence because no pleading was ever filed in Judge Weaver's court. The purpose of the petition for writ of mandamus was instead to obtain a writ to compel the circuit judge to file a petition for writ of habeas corpus and affidavit of indigency in his court. As it is the circuit clerk rather than the circuit judge who is responsible for filing pleadings, there is no basis to revisit the motion for rule on clerk. See Thompson v. State, 280 Ark. 163, 655 S.W.2d 424 (1983).

Motion dismissed.