HARMON v. ENGLISH

ORDER

¶ 1 Original jurisdiction is assumed. Let the writ of mandamus issue. The Court Clerk of Carter County is directed to file petitioner's petition, accompanied by a sworn affidavit that the prisoner is a pauper along with proof of his inmate's trust fund account, manifesting his poverty. The petition is to be file-stamped, showing the date that it was initially received because the prisoner was in compliance with 12 O.S. § 922[ 12-922]; 12 O.S. § 2003.1[ 12-2003.1] (C), and 28 O.S. § 152[ 28-152] (E).

¶ 2 DONE BY ORDER OF THE SUPREME COURT IN CONFERENCE THIS 6 th DAY OF MAY, 2002.

S/CHIEF JUSTICE

¶ 3 VOTE ON ASSUMPTION OF ORIGINAL JURISDICTION:

HODGES, LAVENDER, OPALA, KAUGER, SUMMERS, and BOUDREAU, JJ. — Concur

¶ 4 HARGRAVE, C.J., WATT, V.C.J., and WINCHESTER, J. — Dissent

¶ 5 VOTE FOR PUBLICATION:

HODGES, LAVENDER, OPALA, KAUGER, SUMMERS, and BOUDREAU, JJ. — Concur

¶ 6 HARGRAVE, C.J., WATT, V.C.J., and WINCHESTER, J. — Dissent