Eric McGuire v. Honorable Bynum Gibson, Circuit Judge
Annotate this CaseARKANSAS SUPREME COURT
No. CR 05-797
NOT DESIGNATED FOR PUBLICATION
ERIC McGUIRE
Petitioner
v.
HON. BYNUM GIBSON, CIRCUIT JUDGE
Respondent
Opinion Delivered September 22, 2005
PRO SE PETITION FOR WRIT OF MANDAMUS [CIRCUIT COURT OF DREW COUNTY, CR 2002-240-3]
PETITION MOOT
PER CURIAM
On July 21, 2005, Eric McGuire filed a pro se petition for writ of mandamus in this court contending that the Honorable Bynum Gibson, Circuit Judge, had failed to act in a timely manner on a petition for writ of habeas corpus filed on October 20, 2004, in the Circuit Court of Drew County. Judge Gibson filed a response to the petition for writ of mandamus, stating that the habeas petition was not assigned to his court. He subsequently informed this court by letter that he would nonetheless assume assignment of the pleading and act on it. The final order disposing of the petition for writ of habeas corpus was entered on September 1, 2005.
Although the petitioner apparently named the wrong respondent in the mandamus petition, the habeas petition has nevertheless been disposed of by the court; as a result, the petition for writ of mandamus is moot.
We take this opportunity to note that if the petitioner in a mandamus action names a respondent to whom the pleading at issue is not assigned, the respondent has no obligation to assume responsibility to act on the pleading. It is the responsibility of the petitioner to name the correct respondent, and the respondent may simply submit a response informing this court that the petitioner has erred.
Petition moot.
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