Wright v. State (Per Curiam)

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Cite as 2012 Ark. 313 SUPREME COURT OF ARKANSAS No. CR 12-464 Opinion Delivered DONALD R. WRIGHT PETITIONER v. HON. WENDELL GRIFFEN, CIRCUIT JUDGE RESPONDENT August 14, 2012 PRO SE MOTION FOR PERMISSION TO FILE PETITION FOR WRIT OF MANDAMUS WITHOUT CERTIFIED RECORD [PULASKI COUNTY CIRCUIT COURT, DOCKET NUMBER UNKNOWN] MOTION TREATED AS A MOTION FOR RULE ON CLERK AND DENIED. PER CURIAM Petitioner, Donald R. Wright, tendered to this court a pro se petition for writ of mandamus, alleging that the respondent circuit judge had not acted in a timely manner on a pro se petition for writ of error coram nobis filed by petitioner. With the petition, petitioner submitted a motion seeking permission to file the mandamus petition without the certified record required to file such an action.1 That motion, which we treat as a motion for rule on clerk, is now before us. Rule 6-1(a) of the Arkansas Supreme Court and Court of Appeals 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. Ark. Sup. Ct. R. 6-1(a); Jackson v. Tucker, 325 Ark. 1 The State submitted in response to the motion a copy of an order entered June 7, 2012, in the Pulaski County Circuit Court in 60CR 91-3005, Donald R. Wright v. State, disposing of the petition for writ of error coram nobis. Cite as 2012 Ark. 313 318, 927 S.W.2d 336 (1996). This court cannot assume jurisdiction of a mandamus action without a certified record. Barnett v. Tabor, 2010 Ark. 22 (per curiam); Hall v. Griffin, 2009 Ark. 494 (per curiam); Davis v. Dennis, 2009 Ark. 474 (per curiam); Dillard v. Keith, 336 Ark. 521, 986 S.W.2d 100 (1999) (per curiam). Accordingly, petitioner s motion to proceed without the certified record required by the rules of this court is denied. Motion treated as a motion for rule on clerk and denied. Donald R. Wright, pro se petitioner. Dustin McDaniel, Att y Gen., by: Ashley Argo Priest, Ass t Att y Gen., for respondent. 2

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