In re Eddie Carter--Appeal from 187th Judicial District Court of Bexar County

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Catherine Stone, Justice

Sarah B. Duncan, Justice

Delivered and Filed: March 5, 2003

PETITION FOR WRIT OF MANDAMUS DENIED

On January 29, 2003, Eddie Carter filed a petition for writ of mandamus, alleging the trial court has failed or refused to act on his application for writ of habeas corpus. However, Carter failed to provide this court any record from which we may determine whether mandamus relief is appropriate. See Tex. R. App. P. 52.3(j), 52.7(a). We therefore ordered Carter to file, not later than February 18, 2003, a supplement to his petition for writ of mandamus containing (1) a certified or sworn copy of his application for writ of habeas corpus or the cause number and style of the cause in which the application for writ of habeas corpus was filed, and (2) all documents reflecting Carter's efforts to obtain a hearing or a ruling on the application, or an affidavit reciting such efforts. See Ex parte Hargett, 819 S.W.2d 866, 868 (Tex. Crim. App. 1991); Von Kolb v. Koehler, 609 S.W.2d 654 (Tex. App. - El Paso 1980). We further advised him that if he failed to comply with the order within the time provided, the petition for writ of mandamus will be dismissed. See Tex. R. App. P. 42.3(c). Carter did not file a supplement to his petition. Accordingly, relator's petition for writ of mandamus is denied. See Tex. R. App. P. 52.8(a).

No costs shall be assessed against relator because he is indigent.

The clerk of this court is directed to transmit a copy of this opinion to the attorneys of record, the trial court judge, and the trial court clerk.

PER CURIAM

Publish

1. This proceeding arises out of a criminal cause allegedly pending in the 187th Judicial District Court, Bexar County, Texas, in which the Honorable Raymond Angelini presides. Relator has not provided this court any information from which we may ascertain the cause number.