John Troub v. Honorable Timothy Weaver, Judge

ARKANSAS SUPREME COURT
NOT DESIGNATED FOR PUBLICATION

June 10, 2004

JOHN TROUB

Petitioner

v.

HONORABLE TIMOTHY WEAVER, JUDGE

Respondent

04-495

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

MOTION FOR RULE ON CLERK DISMISSED

Per Curiam

John Troub tendered to this court a petition for writ of mandamus contending that Circuit Judge Timothy Weaver had failed to act on a motion to proceed in forma pauperis that Troub had submitted to the Circuit Court of Izard County. Troub states that he had tendered to the circuit clerk with the motion to proceed as an indigent a petition for writ of habeas corpus, and that the clerk had declined to file either pleading. Petitioner Troub subsequently filed the instant motion for rule on clerk seeking to file the mandamus action without the certified record required by this court to file such an action.

Petitioner contends that he cannot produce a record because the Circuit Clerk of Izard County has been directed by Judge Weaver not to file motions to proceed in forma pauperis and petitions for writ of habeas corpus, but rather to hold them "in abeyance" on the ground that the judge erroneously believes that a habeas petition can only be filed in the county in which the petitioner was convicted.

This motion for rule on clerk illustrates why this court cannot assume jurisdiction of a petition for writ of mandamus without a certified record. Without a record, we are left to rely on petitioner's statements as a foundation for assuming jurisdiction in a matter. 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). Again, without this certified record, there is no basis on which this court has authority to act. Accordingly, the motion for rule on clerk is dismissed.

Motion for rule on clerk dismissed.