Opinion
No. 10-15-00372-CV
01-28-2016
EX PARTE MILTON LEE GARDNER
From the 77th District Court Limestone County, Texas
Trial Court No. J-291-A-1
ORDER
Milton Lee Gardner is appealing the trial court's denial of Gardner's writ of habeas corpus regarding Gardner's previous juvenile adjudication. The Clerk's record in this appeal has been filed, and there is no reporter's record. Gardner's brief was due January 14, 2016.
In a document filed on January 6, 2016, Gardner notes that he requested the clerk's record in this appeal when he filed his notice of appeal but has not received a copy of the record. He requests this Court order the trial court clerk to provide him with a copy of the clerk's record. In a motion filed on January 13, 2016, Gardner also requests an extension of time to file his brief.
Gardner has not provided us with citation to authority, and we have found none, that requires a trial court clerk to send an indigent civil litigant a copy of the clerk's record when it is prepared and filed with the Court of Appeals. Gardner is, however, not without the ability to review a copy of the record in order to prepare his appellate brief. The Texas Rules of Appellate Procedure and our Local Rules permit the temporary and conditional withdrawal of the record for the parties' use in civil cases. See TEX. R. APP. P. 12.4; 10TH TEX. APP. (WACO) LOC. R. 11. Thus, a copy of the clerk's record in this appeal may be provided to Gardner upon request and with conditions.
The Court's records are now in an electronic format. They are electronically received, filed, and stored. If Gardner requests to check out a copy of the clerk's record, it will be provided to him on a CD. A paper copy will not be provided unless Gardner sufficiently explains why a CD would not be appropriate for his review.
Accordingly, Gardner's request to order the trial court clerk to provide Gardner with a copy of the clerk's record is denied. Gardner's motion for extension of time to file his brief, however, is granted. Gardner's brief is due 45 days from the date of this order to give Gardner an opportunity to request and receive the clerk's record from this Court and prepare his appellate brief.
PER CURIAM Before Chief Justice Gray, Justice Davis, and Justice Scoggins
Request denied; motion granted
Order issued and filed January 28, 2016