Bufford McDonald v. Honorable John Patterson, Judge

ARKANSAS SUPREME COURT
NOT DESIGNATED FOR PUBLICATION

March 11, 2004

BUFFORD MCDONALD

Petitioner

v.

HONORABLE JOHN PATTERSON, JUDGE

Respondent

CR 04-108

PRO SE MOTION FOR RULE ON CLERK TO FILE MANDAMUS PETITION WITHOUT RECORD, MOTION FOR APPOINTMENT OF COUNSEL, PETITION FOR WRIT OF CERTIORARI [CIRCUIT COURT OF POPE COUNTY, NO. CR 98-104]

MOTION FOR RULE ON CLERK DISMISSED; MOTION FOR APPOINTMENT OF COUNSEL AND PETITION FOR WRIT OF CERTIORARI MOOT

Per Curiam

Bufford McDonald tendered to this court a petition for writ of mandamus contending that the Honorable John Patterson, a circuit judge in Pope County, had failed to perform some duty with respect to a pleading he had filed in the Circuit Court of Pope County. McDonald subsequently filed the instant motion seeking to file the mandamus action without the certified record required by this court to file such an action. He also asks that counsel be appointed to represent him and that a petition for writ of certiorari be issued.

Our Rule 6-1(a) 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. Jackson v. Tucker, 325 Ark. 318, 927 S.W.2d 336 (1996). Without this certified record, there is no basis on which this court can assume jurisdiction of a matter. Accordingly, the motion for rule on clerk is dismissed. The motion for appointment of counsel and petition for writ of certiorari are moot.

Motion for rule on clerk dismissed; motion for appointment of counsel and petition for writ of certiorari moot.