ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

May 24, 2001

KENNETH HUNT

Petitioner

v.

ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION

Respondent

01-389

PRO SE MOTION TO PROCEED IN FORMA PAUPERIS

MOTION DENIED

On March 22, 2001, Kenneth Hunt tendered to this court a pro se petition for writ of mandamus, alleging that the Circuit Clerk of Clerk of Lee County had failed to perform certain duties with respect to a civil proceeding to which Hunt was a party. The petition was returned to him because such petitions are properly filed in the circuit court. On March 28, 2001, Hunt tendered a motion for rule on clerk seeking to file the mandamus action here. He further alleged that a petition for preliminary injunction which was tendered to this court in January 2001 and returned to him to be filed in circuit court should have been filed here Also received was the instant motion to proceed in forma pauperis in which Hunt seeks leave to file the motion for rule on clerk without paying the $100 filing fee required to file a motion for rule on clerk in a civil matter in this court .

The motion to proceed in forma pauperis is denied. Petitioner Hunt has submitted norecord of the proceedings in circuit court. Instead, he has attached to his motion a letter from the civil attorney for Lee County in which the attorney informs petitioner that a motion for restraining order and motion for preliminary injunction with brief in support which were filed by the circuit clerk were erroneously filed on the ground that he did not pay the required filing fee or obtain leave from the court to file the pleadings without paying a fee. Without a certified record of the lower court proceedings, it cannot be determined that this court has jurisdiction to consider petitioner's motion for rule on clerk. Accordingly, his motion to proceed in forma pauperis must be denied.

Motion denied.