Find Legal Information

Court of Appeals Division I
State of Washington

Opinion Information Sheet

			

       IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

In re the Parentage of:                       )            No. 67220-7-I
                                              )          
P.R.M.,                                       )         DIVISION ONE
                                              )
                      Child,                  )
                                              )
GINGER MILLER,                                )         UNPUBLISHED
                                              )
                      Respondent,             )         FILED: May 29, 2012
                                              )
and                                           )
                                              )
PETER RICHESON,                               )
                                              )
                      Appellant.              )
                                              )
                                              )

       Cox, J.  --  Peter Richeson, appearing pro se, appeals a superior court 

order modifying a parenting plan.  We dismiss the appeal because Richeson has 

failed to provide any part of the trial court record.

       Based upon Richeson's filings in this court, it appears that the King 

County Superior Court entered a final agreed parenting plan for P.R.M., 

Richeson's son, in 2006.  The trial court appears to have modified this plan twice 

in two orders entitled Parenting Plan Final Order and Order Re 

Modification/Adjustment of Custody Decree/Parenting Plan/Residential 

Schedule.  It is unclear when these orders were entered, but they both appear to 

have been signed by the trial court on June 6, 2011. 

No. 67220-7-I/2

       Richeson filed a notice of appeal designating "all Ruleings/Judgements 

[sic] That occurred in Judge Jim Doerty ... King County Superior Court On May 

9th 2011" for review.  On November 1, 2011, the clerk/court administrator of this 

court advised Richeson he must file and serve a designation of clerk's papers 

with the trial court by December 1, 2011.  This court received Richeson's 

designation of clerk's papers on November 16, 2011.  On November 17, 2011, 

the clerk/court administrator advised Richeson that his designation of clerk's 

papers did not comply with RAP 9.6(a) and the superior court's requirement that 

the subnumbers, document name, and document filing date in the trial court be 

listed.  The clerk also directed Richeson to file proof of service on all parties 

entitled to notice pursuant to Rules of Appellate Procedure (RAP) 9.2(a) and 

9.6(a).  On December 8, 2011, the clerk/court administrator informed Richeson

that clerk's papers were not filed in this court, as required by RAP 9.7(a), and 

that this court may choose to either impose sanctions or dismiss if they were not 

filed within 10 days.

       A court commissioner entered the following order on January 27, 2012:

       In his brief appellant Mr. Richeson states that he would like to 
       present evidence.  This court does not take evidence; review is 
       based only on the record developed in the trial court.  Although Mr. 
       Richeson has provided copies of certain documents in the trial 
       court, he has not provided official clerk's papers.  His brief also 
       does not meet the requirements of RAP 10.3 and 10.4.  Mr. 
       Richeson will have until February 10, 2012 to provide any 
       additional record and file a corrected brief.  If he does not do so, 
       the appeal will go forward on the existing record and brief.  Mr. 
       Richeson should understand that a panel of judges may determine 
       the record and/or briefing is inadequate to address the issues Mr. 
       Richeson raises.  Respondent's brief will be due March 12, 2012.

                                           2 

No. 67220-7-I/3

Despite this order, Richeson has failed to comply with the various express 

directives of this court.

       Pro se litigants are held to the same standard as attorneys and must 
comply with all procedural rules on appeal.1 An appellant has the burden of

perfecting the record so that this court has before it all the evidence relevant to 
the issues on appeal.2 Failure to provide an adequate record precludes 

appellate review.3

       Here, despite repeated instructions by this court to do so, Richeson has 

failed to provide either clerk's papers or reports of proceedings, as specified by 

the Rules of Appellate Procedure.  The absence of any record makes it 

impossible to review the issues he raises.  Because Richeson has failed to 

perfect the record, we dismiss the appeal.

WE CONCUR:

       1 In re Marriage of Olson, 69 Wn. App. 621, 626, 850 P.2d 527 (1993).

       2 RAP 9.6(a); In re Marriage of Haugh, 58 Wn. App. 1, 6, 790 P.2d 1266 
(1990).

       3 See Olmsted v. Mulder, 72 Wn. App. 169, 183, 863 P.2d 1355 (1993) 
(court refused to reach the merits of appellant's arguments because he failed to 
provide a sufficient trial record).

                                           3 

No. 67220-7-I/4

                                           4