ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

October 9, 2003

BILLY MACK NICHOLS, JR.

Appellant

v.

LARRY NORRIS, DIRECTOR, ARKANSAS DEPARTMENT OF CORRECTION Appellee

03-277

PRO SE MOTIONS FOR EXTENSION OF TIME TO FILE APPELLANT'S BRIEF, TO SUPPLEMENT THE RECORD, AND FOR CONTINUANCE UNTIL MOTION TO SUPPLEMENT ACTED ON BY COURT [CIRCUIT COURT OF JEFFERSON COUNTY, NO. CIV 2001-12-2-3]

MOTION FOR EXTENSION OF TIME AND MOTION TO SUPPLEMENT RECORD GRANTED; MOTION FOR CONTINUANCE MOOT

Per Curiam

Billy Mack Nichols, Jr., who is incarcerated in the Arkansas Department of Correction, filed a petition for declaratory judgment against the director of the department. The circuit court dismissed the petition, and the record on appeal from the order has been lodged here.

Appellant, proceeding pro se, seeks an extension of time to file the appellant's brief. He also asks that the record be supplemented with an answer filed in the lower court by the appellee and a response that he filed to the answer. He further asks that the appeal be continued until the motion to supplement has been acted on by this court. The appellee has filed a response to the motion to supplement the record stating that there is no objection to adding the two items to the record.

The motion for extension of time to file the appellant's brief, which is the first suchmotion filed by appellant in this appeal, is granted. The motion to supplement the record is also granted. The motion to continue the appeal is moot. The time to file the appellant's brief is extended to forty days from the date of this opinion.

Motions for extension of time and to supplement record granted; motion for continuance moot.