Reginald Dunahue v. Aundrea Culclager, Warden, Arkansas Department of Correction Kennie Bolden, Security Warden Captain Kenneth Starks Sgt. Daryl James And Marshall Reed, Deputy Director, 2022 Ark. 62

In June 2020, Reginald Dunahue (pro se) filed a civil-rights complaint against several Arkansas Department of Correction officials alleging defects related to service and seeking relief in circuit court.
The Lincoln County Circuit Court dismissed the complaint for lack of service of process.
Dunahue appealed; his earlier appeal of the denial of a motion for default judgment had been dismissed as not a final, appealable order.
The record lodged in this appeal is limited—containing two notices of appeal and two circuit-court dismissal orders (one of which was later set aside)—and does not include the complaint, summons, or evidence of service.
The Supreme Court held that the appellant bears the burden to provide a sufficient record on appeal and, because the record was inadequate to review service or the merits, dismissed the appeal and found Dunahue’s subsequently filed motion moot.
Justice Webb dissented, arguing Dunahue properly designated the entire record, the clerk prepared and filed the record, and the materials the majority deemed missing were actually on file and used by the State in briefing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the appeal must be dismissed for an inadequate record	Dunahue: he designated the entire record; the circuit clerk prepared and filed the record and necessary documents exist on file	State: the lodged record lacks the complaint, summons, and evidence necessary to review service and timeliness	Appeal dismissed for inadequate record; appellant must provide sufficient record to obtain relief
Whether the court may consider evidence or documents not included in the record on appeal	Dunahue: requested the court to refer to and consider circuit-court orders and his requests (asserting record completeness)	State: references limited lodged record; court may not consider materials not in the record	Court will not consider evidence not in the record; motion to consider is moot
Effect of prior dismissal (for lack of final order) on current appeal	Dunahue: obtained a final order after prior dismissal and designated full record	State: prior dismissal remains relevant and the lodged record relates to the prior appeal, not consolidated	Prior procedural history noted; lack of consolidation and incomplete record prevent review
Who bears responsibility for providing an adequate appellate record	Dunahue: clerk prepared record; appellant designated entire record	State: appellant bears burden to bring up sufficient record on appeal	Appellant bears burden; court relied on precedent that the appellant must furnish adequate record

Polivka v. State, 2010 Ark. 152 (2010) (appellate courts will not consider evidence not included in the record on appeal)
Manuel v. State, 2021 Ark. 24 (2021) (the party asserting error must bring up a sufficient record to grant relief)
Dunahue v. Culclager, 2021 Ark. 83 (2021) (prior appeal dismissed for lack of a final, appealable order)