Michael Lenz v. Honorable David Reynolds, Judge

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

December 16, 2004

MICHAEL LENZ

Petitioner

v.

HONORABLE DAVID REYNOLDS, JUDGE

Respondent

CR 04-425

PRO SE MOTION FOR RECONSIDERATION OF PETITION FOR WRIT OF MANDAMUS [CIRCUIT COURT OF FAULKNER COUNTY, NO. CR 96-1122, CR 96-1195, CR 96-1268]

MOTION DISMISSED

PER CURIAM

Michael Lenz filed a petition for writ of mandamus in this court contending that the Honorable David Reynolds, Circuit Judge, had failed to act within a reasonable time on a motion for release from custody and for preparation of complete appeal record filed by Lenz in Judge Reynolds's court on October 17, 2003. After the mandamus action was filed, Judge Reynolds responded by informing this court that, contrary to the Certificate of Service appended to the mandamus petition, petitioner Lenz had not served him with a copy of the petition for writ of mandamus.

The mandamus petition was dismissed pursuant to Ark. Sup. Ct. R. 6-1(a) because petitioner had failed to serve the respondent judge with a copy of the petition and provide a Certificate of Service reflecting that he had done so. Petitioner now asks that this court reconsider the matter.

The motion for reconsideration is dismissed. Although petitioner Lenz argues that he indeed served the respondent as required by Rule 6-1(a), the respondent has informed this court that he has not been served. As petitioner has failed to take remedial action and serve the respondent in this matter, there is no basis for reconsideration of the mandamus petition.

Motion dismissed.