Johnnie Ray Hawthone v. Judy C. Langley, Circuit Clerk of Miller County

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

April 5, 2001

JOHNNIE RAY HAWTHONE

Petitioner

v.

JUDY C. LANGLEY, CIRCUIT CLERK OF MILLER COUNTY

Respondent

CR 01-144

PRO SE MOTION AND AMENDED MOTION FOR RULE ON CLERK TO FILE MANDAMUS PETITION [CIRCUIT COURT OF MILLER COUNTY, NO. CR 96-458-3]

MOTION AND AMENDED MOTION DISMISSED

Johnnie Ray Hawthone tendered to this court a petition for writ of mandamus contending that Judy C. Langley, Circuit Clerk of Miller County, had failed to perform some duty with respect to a notice of appeal he had filed. The petition was returned so that petitioner Hawthone could file it in the Circuit Court of Miller County. Petitioner subsequently filed the instant motion and amended motion for rule on clerk asking that we direct our clerk to file the mandamus action against the circuit clerk in this court.

The motion and amended motion for rule on clerk are dismissed. The circuit court has authority to direct its clerk to perform duties pertaining to a case filed in that court. Accordingly, petitioner's petition for writ of mandamus should have been directed to the circuit court. Petitioner has not demonstrated that there is any basis on which the petition naming the circuit clerk as respondent could be filed here.

Motion and amended motion dismissed.