Arctic Henderson v. Honorable L.T. Simes, Judge

ARKANSAS SUPREME COURT
NOT DESIGNATED FOR PUBLICATION

June 17, 2004

ARTIC HENDERSON

Petitioner

v.

HONORABLE L. T. SIMES, JUDGE

Respondent

CR 04-566

PRO SE MOTION FOR RULE ON CLERK TO FILE MANDAMUS PETITION WITHOUT RECORD [CIRCUIT COURT OF PHILLIPS COUNTY, NO. 96-116]

MOTION FOR RULE ON CLERK DISMISSED

Per Curiam

Artic Henderson tendered to this court a petition for writ of mandamus contending that Circuit Judge L. T. Simes had failed to act on a motion he had filed in the Circuit Court of Phillips County. Henderson 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.

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 for rule on clerk dismissed.