Raechio Smith v. Larry Norris, Director, Arkansas Department of Correction

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ARKANSAS SUPREME COURT No. 07-70 NOT DESIGNATED FOR PUBLICATION Opinion Delivered RAECHIO SMITH Petitioner PRO SE MOTION FOR RULE ON CLERK TO FILE PETITION FOR WRIT OF CERTIORARI AND MOTION TO PROCEED IN FORMA PAUPERIS WITHOUT CERTIFIED RECORD [CIRCUIT COURT OF JEFFERSON COUNTY, CV 2006-576] v. LARRY NORRIS, DIRECTOR, ARKANSAS DEPARTMENT OF CORRECTION Respondent February 8, 2007 MOTION FOR RULE ON CLERK DISMISSED. PER CURIAM Petitioner Raechio Smith tendered to this court a petition for writ of certiorari and motion to proceed in forma pauperis pertaining to a civil proceeding in the Circuit Court of Jefferson County. Now before us is petitioner’s motion seeking to file the petition and motion without the certified record ordinarily required by this court. Arkansas Supreme Court 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) (per curiam). 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.

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