Opinion
No. CR 09-1147
Opinion Delivered December 3, 2009
Pro Se Petition for Writ of Mandamus [Circuit Court of Saline County, CR 2008-214, CR 2008-266], Petition Dismissed.
On October 19, 2009, petitioner David R. Lively 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 petition for postconviction relief pursuant to Arkansas Rule of Criminal Procedure 37.1 filed by petitioner on July 8, 2009. In his response to the mandamus petition, Judge Phillips avers 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.
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. Although petitioner was advised by respondent's response to the mandamus petition of his failure to comply with this rule, he has not shown that he has taken remedial action. As a result, the petition for writ of mandamus is dismissed.
Petition dismissed