French v. Phillips
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2010 Ark. 20
SUPREME COURT OF ARKANSAS
No.
CR 09-1287
Opinion Delivered
January 14, 2010
PRO SE PETITION FOR WRIT OF
MANDAMUS [CIRCUIT COURT OF
SALINE COUNTY, CR 2007-659]
GEORGE E. FRENCH
Petitioner
v.
PETITION DISMISSED.
HON. GRISHAM PHILLIPS, CIRCUIT
JUDGE
Respondent
PER CURIAM
On November 23, 2009, petitioner George E. French filed a pro se petition for writ of
mandamus in this court contending that the Honorable Grisham Phillips, Circuit Judge, had
failed to act within a reasonable time on a pro se motion to withdraw guilty plea and three
related pleadings. The related pleadings were a motion seeking a hearing on the motion to
withdraw guilty plea and a motion to expedite action on the motion, both of which were filed
September 22, 2009, and a motion for default judgment filed October 27, 2009.
In response to the mandamus petition, Judge Phillips informed this court by letter that,
contrary to the Certificate of Service appended to the mandamus petition, petitioner had not
served him with a copy of the petition for writ of mandamus. Judge Phillips also provided with
the letter a copy of an order entered November 23, 2009, that disposed of the primary subject
2010 Ark. 20
of the mandamus petition, which was the motion to withdraw guilty plea.
It was petitioner's responsibility pursuant to Arkansas Supreme Court Rule 6-1(a) (2009)
to serve the respondent with a copy of the mandamus petition and provide a Certificate of
Service reflecting that he had done so. Petitioner’s failure to comply with this rule is cause to
dismiss the petition from this court’s docket.
Petition dismissed.
Bowen, J., not participating.
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