Randall Thomas McArty v. Honorable John Thomas, Judge

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

DECEMBER 5, 2002

RANDALL THOMAS McARTY

Petitioner

v.

HONORABLE JOHN THOMAS, JUDGE

Respondent

CR 02-994

PRO SE MOTION FOR RULE ON CLERK TO FILE MANDAMUS PETITION WITHOUT RECORD [CIRCUIT COURT OF CLARK COUNTY, NO. CR 92-11]

MOTION DISMISSED

Petitioner Randall Thomas McArty tendered to this court a petition for writ of mandamus contending that the Honorable John Thomas, Circuit Judge, had failed to act in a timely fashion on motions and a complaint filed by petitioner in the Circuit Court of Clark County. 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.

Arnold, C.J., not participating.