in Re Charles M. Farmer ( 2004 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-04-460 CV ____________________

IN RE CHARLES MATTHEW FARMER

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Original Proceeding

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MEMORANDUM OPINION ⁽¹⁾  

Charles Matthew Farmer, who is an inmate confined in the Correctional Institutions Division of the Texas Department of Criminal Justice, seeks mandamus relief to compel Mickey Tompkins, the court reporter for the 163rd District Court, and Vickie Edgerly, the Orange County District Clerk, to provide him with a record of Cause No. B980336-R. Farmer complains that the respondents filed incomplete records in his appeal. The case in question was affirmed on appeal and our mandate issued on October 22, 2003. See Farmer v. State, No. 09-01-371 CR (Tex. App.- Beaumont Feb. 12, 2003, pet. ref'd)(not designated for publication).

The court reporter and the district clerk are not persons against whom we may issue a writ of mandamus other than to protect our jurisdiction, and the relator has not shown that the writ is necessary to enforce our jurisdiction. See Tex. Gov't Code Ann. § 22.221(Vernon 2004). Therefore, the relator has not shown that he is entitled to the relief sought.

The petition for writ of mandamus, filed October 29, 2004, is DENIED.

PER CURIAM

Opinion Delivered November 18, 2004

Before McKeithen, C.J., Burgess and Gaultney, JJ.

1. Tex. R. App. P. 47.4.