Opinion
No. CR 12-464
08-14-2012
DONALD R. WRIGHT PETITIONER v. HON. WENDELL GRIFFEN, CIRCUIT JUDGE RESPONDENT
Donald R. Wright, pro se petitioner. Dustin McDaniel, Att'y Gen., by: Ashley Argo Priest, Ass't Att'y Gen., for respondent.
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. That motion, which we treat as a motion for rule on clerk, is now before us.
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.
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. 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.