in Re Herman Lee Bray

Opinion issued March 15, 2007



























In The

Court of Appeals

For The

First District of Texas

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NO. 01-06-01133-CR

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IN RE HERMAN LEE BRAY, Relator




Original Proceeding on Petition for Writ of Mandamus




MEMORANDUM OPINION

Relator, Herman Lee Bray, filed in this Court a pro se petition for writ of mandamus, asking that we order respondent (1) to present his nunc pro tunc motion to the trial court. We deny the petition.

This Court has mandamus jurisdiction against a district court judge or county court judge in our district, and all writs necessary to enforce our jurisdiction. See Tex. Gov't Code Ann. § 22.221 (Vernon 2006). We have no authority to issue a writ of mandamus against a district clerk unless such is necessary to enforce our jurisdiction. In re Coronado, 980 S.W.2d 691, 692 (Tex. App.--San Antonio 1998, orig. proceeding). It is appellant's burden to provide this Court with a sufficient record to establish his right to mandamus relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig. proceeding).

Relator has not provided us with a sufficient record showing that the trial court entered a judgment or appealable order from which relator filed a notice of appeal that respondent refused to properly forward to an appellate court. See Tex. R. App. P. 25.2(e), 52.3(j).

Therefore, the petition for writ of mandamus is denied.

PER CURIAM

Panel consists of Justices Nuchia, Keyes, and Higley.

Do not publish.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

1. Respondent is Charles Bacarisse, Harris County District Clerk.