Joseph Franklin v. Honorable Michael Maggio, Judge

ARKANSAS SUPREME COURT
NOT DESIGNATED FOR PUBLICATION

April 15, 2004

JOSEPH FRANKLIN

Petitioner

v.

HONORABLE MICHAEL MAGGIO, JUDGE

Respondent

04-330

PRO SE MOTION FOR RULE ON CLERK TO FILE MANDAMUS PETITION WITHOUT RECORD [CIRCUIT COURT OF VAN BUREN COUNTY, NO. UNKNOWN]

MOTION FOR RULE ON CLERK DISMISSED

Per Curiam

Joseph Franklin tendered to this court a petition for writ of mandamus contending that Circuit Judge Michael Maggio had failed to perform some duty with respect to a pleading he had filed in the Circuit Court of Van Buren County. Franklin subsequently filed the instant motion seeking to file the mandamus action without the certified record required by this court 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 for rule on clerk dismissed.