Donnietha Bradford v. Honorable David Goodson, Circuit Judge

ARKANSAS SUPREME COURT

No. CR 05-534

NOT DESIGNATED FOR PUBLICATION

DONNIETHA BRADFORD

Petitioner

v.

HON. DAVID GOODSON, CIRCUIT JUDGE

Respondent

Opinion Delivered June 9, 2005

PRO SE PETITION FOR WRIT OF MANDAMUS [CIRCUIT COURT OF MISSISSIPPI COUNTY, CHICKASAWBA DISTRICT, CR 94-373 (DG)]

PETITION DENIED

PER CURIAM

On May 3, 2005, Donnietha Bradford filed a pro se petition to correct sentence in the Circuit Court of Mississippi County, Chickasawba District. On May 17, 2005, petitioner Bradford filed the instant petition for writ of mandamus in this court asking that we direct Circuit Judge David Goodson in whose court the petition to correct sentence is pending to grant the relief sought.

The motion is denied. The purpose of a writ of mandamus in a civil or a criminal case is to enforce an established right or to enforce the performance of a duty. Smith v. Fox, 357 Ark. ----, --- S.W.3d ---- (September 16, 2004). A writ of mandamus is issued by this court only to compel an official or judge to take some action. Manila School Dist. No. 15 v. Wagner, 356 Ark.----, --- S.W.3d ---- (April 15, 2004). When requesting a writ of mandamus, a petitioner must show a clear and certain right to the relief sought and the absence of any other adequate remedy. Id. However, a writ of mandamus will not lie to control or review matters of discretion. Id. Petitioner here is not entitled to a writ of mandamus from this court to compel the lower court to make a particular ruling.

Petition denied.

Imber, J., not participating.