Court of Civil Appeals of Texas, 2006

in Re: Michael Lou Garrett, Relator

in Re: Michael Lou Garrett, Relator
Court of Civil Appeals of Texas · Decided May 25, 2006

in Re: Michael Lou Garrett, Relator

Opinion

NO. 07-06-0197-CV


IN THE COURT OF APPEALS


FOR THE SEVENTH DISTRICT OF TEXAS


AT AMARILLO


PANEL A


MAY 25, 2006



______________________________


IN RE MICHAEL LOU GARRETT, RELATOR

_______________________________




Before REAVIS and CAMPBELL and HANCOCK, JJ.

MEMORANDUM OPINION

Michael Lou Garrett, acting pro se, petitioned for a writ of mandamus asking us to order respondent, the district clerk of Potter County, to forward him a copy of the dismissal order entered in his lawsuit against Darryl E. Glenn, et al. in cause number 94,029-A, Potter County, Texas. Garrett, who is incarcerated, alleges that he requested a copy of the dismissal order after receiving notice from the Potter County District Clerk that the cause had been dismissed on March 30, 2006. So too does he allege that he needs a copy of the order to effectively prosecute an appeal now pending with this court. Why the copy of the dismissal order that will be included in the appellate record will not suffice goes unmentioned. Nonetheless, we have attached a copy of the particular degree to this opinion for Garrett's perusal and overrule the petition for writ of mandamus as moot.

Per Curiam

icial Court Reporter for the 252nd District Court, that the record had not been filed. Ms. Anderson responded with a request for extension of time which was granted to October 14, 2003. A second request due to a lengthy capital murder record and a third request due to hand surgery in November were granted to December 1, 2003, and January 9, 2004, respectively.

Pending before this Court is Ms. Anderson's fourth request for an extension of time by which she seeks an additional 90 days due to a backlog in her caseload and the November hand surgery. The fourth request is denied and Ms. Anderson has until Monday, March 1, 2004, in which to file the complete reporter's record.

Accordingly, we order Jami Anderson, Official Court Reporter for the 252nd District Court of Jefferson County, to transcribe and file with the Clerk of this Court a reporter's record as required by the Texas Rules of Appellate Procedure encompassing cause number 87522. The record shall include all argument, evidence, and exhibits presented to the court during trial, as well as any pretrial and post-trial hearings conducted in said cause. We further order Ms. Anderson to file the reporter's record in a manner by which it will actually be received by the Clerk of this Court on or before 5:00 p.m. on Monday, March 1, 2004. No further motions for extension of time will be considered.

Failure to file the reporter's record as directed by this Court's order will result in one or more of the following:

  • a hearing requiring Jami Anderson to show cause why she should not be held in contempt;
  • a complaint to the Court Reporter's Certification Board;
  • appropriate sanctions; or
  • abatement to the trial court for appropriate action.

It is so ordered.

Per Curiam

Do not publish.

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