Opinion issued June 26, 2008

In The

Court of Appeals

For The

First District of Texas

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NO. 01-08-00448-CR

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IN RE Vance Johnson, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Vance Johnson, has filed a pro se petition for writ of mandamus that names as respondent Theresa Chang, Harris County District Clerk, to send a supplemental reporter's record for his appeal of trial court case number 10314541, appeals number 01-07-00804. ⁽¹⁾ We deny the petition.

First, relator's petition does not meet the requirements of the Texas Rules of Appellate Procedure. For example, it does not include an appendix, and it does not certify that a copy was served on Theresa Chang, respondent. ⁽²⁾ See Tex. R. App. P. 9.5, 52.3(j).

Moreover, relator has not provided us with a record that shows that he made any request of Theresa Chang, respondent to perform a nondiscretionary act that respondent refused. Barnes v. State, 832 S.W.2d 424, 426 (Tex.App.- Houston [1st Dist.] 1992, orig. proceeding).

The petition for writ of mandamus is denied. PER CURIAM

Panel consists of Justices Taft, Jennings, and Bland.

Do not publish. Tex. R. App. P. 47.2(b).

1. Court appointed counsel, Frances Northcutt, represents Vance Johnson on appeal in case number 01- 07-00804-CR.

2. Certificate of service states that relator Johnson served the First Court of Appeals.