Frank Watts II v. Honorable Marion Humphrey, Judge

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

April 5, 2001

FRANK WATTS II

Petitioner

v.

HONORABLE MARION HUMPHREY , JUDGE

Respondent

CR 01-237

PRO SE MOTION FOR RULE ON CLERK TO FILE MANDAMUS PETITION WITHOUT RECORD [CIRCUIT COURT OF PULASKI COUNTY, NO. CR 96-1371]

MOTION DISMISSED

Frank Watts II tendered to this court a petition for writ of mandamus contending that the Circuit Judge Marion Humphrey, had failed to act within a reasonable time on a "renewed reamended" petition for postconviction relief filed in the Circuit Court of Pulaski County. Watts subsequently filed the instant motion seeking to file the mandamus action without the certified record required by our clerk to file such a petition.

Our Rule 6-1(a) provides that in cases in which the jurisdiction of the 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 the matter. As a result, the motion for rule on clerk to file the mandamus petition without a record is dismissed.

Motion dismissed.