Derick Shelton a/k/a Derrick Shelton v. Honorable Berlin C. Jones, Circuit Judge

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ARKANSAS SUPREME COURT No. CR 08-290 Opinion Delivered DERICK SHELTON A/K/A DERRICK SHELTON Petitioner v. April 17, 2008 PRO SE PETITION FOR WRIT OF MANDAMUS [CIRCUIT COURT OF JEFFERSON COUNTY, CR 2006-286] PETITION DENIED. HON. BERLIN C. JONES, CIRCUIT JUDGE Respondent PER CURIAM Petitioner Derick Shelton, also sometimes known as Derrick Shelton, filed in this court a petition seeking a writ of mandamus to compel Hon. Berlin C. Jones, as circuit judge, to provide a ruling on certain pleadings filed in Jefferson County Circuit Court related to a petition that petitioner had filed in that court for postconviction relief under Ark. R. Crim. P. 37.1. Petitioner complains that the judge has failed to provide an order in a timely manner. The Attorney General has filed a response to the petition for the writ indicating that the proceeding on the Rule 37.1 petition in the circuit court was transferred to another judge and that an order has now been entered on the Rule 37.1 petition. As the proceedings were not assigned to Judge Jones, we deny the petition for writ of mandamus. Mandamus runs to a particular judge rather than a court. Hogrobrooks v. Routon, 321 Ark. 654, 906 S.W.2d 687 (1995) (per curiam). Petitioner failed to name the judge to whom the proceedings were assigned and has not sought to amend the petition to name the appropriate party. The writ may not issue in a situation such as this where the named party is not assigned to the proceedings. See Id. Petition denied. -2-

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