Opinion
No. CR 09-1287
Opinion Delivered January 14, 2010
Pro se Petition for Writ of Mandamus [Circuit Court of Saline County, CR 2007-659], Petition Dismissed.
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 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.