Austin Cooper v. Honorable Joe Griffin, Judge

ARKANSAS SUPREME COURT
NOT DESIGNATED FOR PUBLICATION

February 26, 2004

AUSTIN COOPER

Petitioner

v.

HONORABLE JOE GRIFFIN, JUDGE

Respondent

CR 04-22

PRO SE MOTION FOR RULE ON CLERK TO FILE MANDAMUS PETITION WITHOUT RECORD [CIRCUIT COURT OF MILLER COUNTY, NO. CR 92-292-2]

MOTION DISMISSED

Per Curiam

Austin Cooper tendered to this court a petition for writ of mandamus contending that the Honorable Joe Griffin, a circuit judge in the Eleventh Judicial District (South), had failed to perform some duty with respect to a motion he had filed in the Circuit Court of Miller County. Cooper 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.