Victor Medlock v. Honorable Jack Holt, Judge

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

MAY 2, 2002

VICTOR MEDLOCK

Petitioner

v.

HONORABLE JACK HOLT, JUDGE

Respondent

CR 02-379

PRO SE MOTION FOR RULE ON CLERK TO FILE MANDAMUS PETITION WITHOUT RECORD [CIRCUIT COURT OF SEBASTIAN COUNTY, FORT SMITH DISTRICT, NO. CR 98-811, CR 98-812]

MOTION DISMISSED

Petitioner Victor Medlock tendered to this court a petition for writ of mandamus contending that the Honorable Jack Holt, a special judge appointed to serve in the Circuit Court of Sebastian County, Ft. Smith District, had failed to perform some duty with respect to his case. Petitioner subsequently filed the instant motion seeking to file the mandamus action without the certified record required by our clerk 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 dismissed.