Opinion
No. 09-1157
Opinion Delivered January 14, 2010
Pro se Motion for Rule on Clerk to file Petition for Writs of Prohibition or Certiorari and Mandamus without Certified Record, Pro se Motion to Stay Fees Pending Disposition of Motion for Rule on Clerk, and Pro se Motion for Appointment of Counsel [Circuit Court of Sebastian County, Ft. Smith District, CV 2009-1561], Motion for Rule on Clerk Denied; Motion to Stay Fees and Motion for Appointment of Counsel Moot.
Petitioner Matthew W. Barnett tendered to this court a pro se petition for writ of prohibition or certiorari and a pro se petition for writ of mandamus. The petitions were not filed because neither was accompanied by a certified record of the proceedings in the lower court. Petitioner then filed the instant pro se motion for rule on clerk seeking leave to file the petitions without a certified record. Petitioner also filed a pro se motion to stay the requirement that he pay a filing fee pending disposition of the motion for rule on clerk and a motion for appointment of counsel.
Rule 6-1(a) of this court 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) (2009); Hall v. Griffin, 2009 Ark. 494 (per curiam); Dillard v. Keith, 336 Ark. 521, 986 S.W.2d 100 (1999) (per curiam). This court thus cannot assume jurisdiction of the petitions tendered in this matter without a certified record. Accordingly, the motion for rule on clerk is denied. The motions to stay the requirement to pay a filing fee and for appointment of counsel are moot.
Motion for rule on clerk denied; motion to stay fee and motion for appointment of counsel moot.
Bowen, J., not participating.