in Re Lavon Michael Gipson

Opinion issued June 20, 2008









In The

Court of Appeals

For The

First District of Texas

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NO. 01-08-00477-CR

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IN RE MICHAEL LAVON GIPSON, Relator




Original Proceeding on Petition for Writ of Mandamus




MEMORANDUM OPINION

Relator, Michael Lavon Gipson, has filed in this Court a pro se petition (1) for writ of mandamus asking that we order respondent (2) to direct Layton W. Duer, counsel of record in cause number 905482, to give relator his client file that relates to counsel's representation of relator in cause number 905482. (3)

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 respondent. See Tex. R. App. P. 9.5, 52.3(j).

The petition for writ of mandamus is denied.

PER CURIAM

Panel consists of Justices Nuchia, Alcala, and Hanks.

Do not publish.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

1. Relator was convicted of the offense of aggravated robbery in cause number 905482, on May 29, 2003, in the 176th District Court. On May 13, 2004, this Court issued an opinion affirming the appeal. Gipson v. State, No. 01-03-00581-CR (Tex. App.--Houston [1st Dist.] May 13, 2004, pet. ref'd). Our mandate issued on January 7, 2005.

2. Respondent is the Hon. Brian Rains, Judge, 176th District Court, Harris County.

3. Relator has attached to his petition copies of letters sent to counsel Layton Duer requesting his client file.