ARKANSAS SUPREME COURT
NOT DESIGNATED FOR PUBLICATION

NOVEMBER 13, 2003

ALVIN TINKES

Petitioner

v.

HONORABLE CHARLES A. YEARGAN, JUDGE

Respondent

CR 03-934

PRO SE PETITION FOR WRIT OF MANDAMUS [CIRCUIT COURT OF SEVIER COUNTY, NO. 2002-26]

PETITION DISMISSED

Per Curiam

Alvin Tinkes filed a petition for writ of mandamus in this court contending that the Honorable Charles A. Yeargan, Jr., Circuit Judge, had failed to act within a reasonable time on a petition for postconviction relief pursuant to Criminal Procedure Rule 37.1 filed by Tinkes in Judge Yeargan's court on June 25, 2003. After the mandamus action was filed, Judge Yeargan responded by informing this court that, contrary to the Certificate of Service appended to the mandamus petition, petitioner Tinkes had not served him with a copy of the petition for writ of mandamus.

It was Tinkes's responsibility pursuant to Ark. Sup. Ct. R. 6-1(a) to serve Judge Yeargan with a copy of the petition for writ of mandamus and provide a Certificate of Service reflecting that he had done so. Although Tinkes was advised of his failure to comply with this rule in a letter to him dated August 27, 2003, he has not shown that he has taken remedial action.

Petition dismissed.