ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

April 5, 2001

TERRICK NOONER

Petitioner

v.

TOM GEAN, MIKE HUCKABEE, and ROBERT McLEMORE

Respondents

01-156

PRO SE MOTION FOR RULE ON CLERK and PETITION FOR CERTIORARI [CIRCUIT COURT OF SEBASTIAN COUNTY, FORT SMITH DISTRICT, NO. CIV 00-723]

MOTION AND PETITION DISMISSED

Terrick Nooner, who was convicted of capital murder and sentenced to death in 1993, filed a civil complaint alleging legal malpractice against Tom Gean, wrongful denial of executive clemency against Governor Mike Huckabee, and harassment against Robert McLemore. On October 2, 2000, the complaint was dismissed.

On February 6, 2001, Nooner tendered to this court an uncertified copy of the order entered October 2, 2000, with a motion for rule on clerk asking that he be permitted to lodge the copy of the order as an appeal record. He later filed a petition for writ of certiorari to bring up the record. Petitioner Nooner contends in the motion for rule on clerk that he filed a timely notice of appeal and is thus entitled to lodge an appeal.

Petitioner has not provided a copy of the notice of appeal he claims to have filed, but even if there was a timely notice of appeal filed, an appeal cannot be perfected by tendering uncertifieddocuments here. In cases in which the jurisdiction of this court is appellate as with appeals from civil orders, it is the certified record of the trial court proceedings that provides the basis on which this court can assume jurisdiction of the matter. Accordingly, at least a certified partial record is required to perfect an appeal. The motion for rule on clerk and petition for writ of certiorari are dismissed.

Motion and petition dismissed.