In Re Jessie C. Hawkins--Appeal from 252nd District Court of Jefferson County

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-05-276 CV
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IN RE JESSIE C. HAWKINS
Original Proceeding
MEMORANDUM OPINION

On May 27, 2005, Jessie C. Hawkins filed a petition for writ of mandamus. An inmate in the Correctional Institutions Division of the Texas Department of Criminal Justice, Hawkins complains of the trial court's failure to provide the relator with access to a copy of the record in Cause No. 90686. Hawkins contends the records are essential to preparation of Hawkins's application for writ of habeas corpus. On June 23, 2005, we notified the relator that the petition did not comply with the Rules of Appellate Procedure applicable to original proceedings filed in appellate courts, granted him thirty days to amend his petition, and directed Hawkins to mail a copy of the petition to the real party in interest. See Tex. R. App. P. 9.5, 52. The relator neither amended his petition nor complied with the service requirement.

To obtain mandamus relief in a criminal matter, the relator must show that he has no other adequate remedy at law to address the alleged error and that the act the relator seeks to compel is ministerial. State ex rel. Hill v. Court of Appeals for Fifth Dist., 34 S.W.3d 924, 927 (Tex. Crim. App. 2001). The relator has not shown that he has no other adequate remedy. See Tex. R. App. P. 52.3(j). The petition for writ of mandamus is denied.

WRIT DENIED.

PER CURIAM

Opinion Delivered August 25, 2005

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