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SUPREME COURT OF ARKANSAS
No. CV-14-1123
Opinion Delivered March 5, 2015
PRO SE MOTION FOR RULE ON
EDMOND McCLINTON CLERK TO PROCEED WITHOUT A
PETITIONER CERTIFIED RECORD
[LINCOLN COUNTY CIRCUIT
V. COURT, NO. 40CV-14-67]
HON. JODI RAINES DENNIS, CIRCUIT
JUDGE MOTION DENIED.
RESPONDENT
PER CURIAM
Petitioner Edmond McClinton 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 habeas corpus that he filed in the Lincoln County Circuit Court in 2014.
Now before us is petitioner’s motion for rule on clerk seeking to file the mandamus petition
without the certified record required to file such an action. See Paige v. State, 2012 Ark. 413 (per
curiam).
Arkansas Supreme Court 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. Ark. Sup. Ct. R. 6-1(a) (2014); Hall v. Johnson, 2013 Ark. 137 (per curiam); Boykins v.
Williams, 2013 Ark. 63, 426 S.W.3d 379 (per curiam); Wright v. Griffen, 2012 Ark. 313 (per
curiam); Barnett v. Tabor, 2010 Ark. 22 (per curiam); Davis v. Dennis, 2009 Ark. 474 (per curiam);
Dillard v. Keith, 336 Ark. 521, 986 S.W.2d 100 (1999) (per curiam). This court cannot assume
jurisdiction of the mandamus petition tendered by petitioner without a certified record. Hall,
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2013 Ark. 137; Boykins, 2013 Ark. 63, 426 S.W.3d 379; Wright, 2012 Ark. 313. Accordingly, as
jurisdiction must be established before this court can act, it is petitioner’s responsibility to
provide the certified record necessary for this court to proceed.
Motion denied.
Edmond McClinton, pro se petitioner.
No response.
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