Opinion
CR 09-336
Opinion Delivered November 5, 2009
Pro Se Motion for Rehearing, Pro Se Amended Motion for Reconsideration of Order Denying Motion for Rule on Clerk to File Petition for Writ of Mandamus Without Certified Record, and Pro Se Motion for Appointment of Counsel [Circuit Court of Desha County, CR 95-110], Motion for Rehearing Treated as Motion for Reconsideration and Denied; Amended Motion for Reconsideration Denied; Motion for Appointment of Counsel Moot.
In 2008, petitioner Willie G. Davis, Jr., tendered a pro se petition for writ of mandamus to this court. It was returned to petitioner because it was not accompanied by a certified record of the proceedings in the lower court. Pursuant to Arkansas Supreme Court Rule 6-1(a), a certified copy of the record is required for this court to assume jurisdiction of a petition for writ of mandamus. Hall v. Griffin, 2009 Ark. 494 (per curiam), citing Dillard v. Keith, 336 Ark. 521, 986 S.W.2d 100 (1999); Davis v. Dennis, 2009 Ark. 474 (per curiam).
Petitioner then filed a pro se motion for rule on clerk in this court seeking to proceed with the petition for writ of mandamus without a certified record. We denied the motion. Davis v. Pope, 2009 Ark. 313 (unpublished per curiam).
Now before us are petitioner's pro se motion for rehearing, amended motion for reconsideration, and motion for appointment of counsel. We treat the motion for rehearing as a motion for reconsideration and deny it and also deny the amended motion for reconsideration. The motion for appointment of counsel is moot.
We need not repeat our prior opinion except to reiterate that a certified record of the lower court proceedings is necessary for this court to assume jurisdiction of a mandamus action. Petitioner has stated no basis for reconsideration of our decision on the matter.
Petitioner makes reference in the motions for reconsideration to his desire to appeal from a particular order entered by the circuit court and appears to desire to proceed with a mandamus action as a means to have this court review the order. A mandamus action, however, is not a substitute for an appeal. Gran v. Hale, 294 Ark. 563, 745 S.W.2d 129 (1988).
Motion for rehearing treated as motion for reconsideration and denied; amended motion for reconsideration denied; motion for appointment of counsel moot.