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MEMORANDUM OPINION
No. 04-09-00123-CR
IN RE EDGAR GARCIA
Original Mandamus Proceeding1
PER CURIAM
Sitting: Sandee Bryan Marion, Justice
Phylis J. Speedlin, Justice
Rebecca Simmons, Justice
Delivered and Filed: March 11, 2009
PETITION FOR WRIT OF MANDAMUS DENIED
On February 27, 2009, relator filed a petition for writ of mandamus, in which relator
complains the Starr County clerk’s office has refused to notify him of whether his “Application for
Writ of Habeas Corpus” was filed and the trial court has refused to rule on the application. Relator
asks this court to order the trial court to rule on his application. This court has confirmed that the
application was filed with the Starr County clerk’s office on December 16, 2008.
Here, we cannot say that a period of less than approximately three months is an unreasonable
delay. It is relator’s burden to provide this court with a record sufficient to establish his right to
relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992). Because relator has not met his burden
… This proceeding arises out of Cause No. 05-CR-157, filed in the 381st Judicial District Court, Starr
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County, Texas.
04-09-00123-CR
of establishing that the motion has awaited disposition for an unreasonable amount of time, he has
not provided the court with grounds to usurp the trial court’s inherent authority to control its own
docket. Therefore, this court has determined that relator has not shown himself entitled to
mandamus relief. Accordingly, we deny the petition for writ of mandamus.
PER CURIAM
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