Opinion
Appellate case number: 01-16-00877-CV
11-15-2016
In re Cedric D. Brown, Relator
ORDER AND NOTICE OF INTENT TO DISMISS FOR WANT OF JURISDICTION Trial court case number: 2014-62252 Trial court: 234th District Court of Harris County
On November 7, 2016, the relator, Cedric D. Brown, proceeding pro se and incarcerated, filed this "Writ of Mandamus" in this Court, referring to appellate cause number 01-16-00556-CV. Because relator is pro se and filed this request as a petition for writ of mandamus, the Clerk of this Court assigned this as a new original proceeding under new appellate cause number 01-16-00877-CV. Relator seeks to have this Court issue an order for the trial court and/or district clerk to produce and mail a copy of the clerk's record to relator so that he can prepare his appellant's brief in the related appellate cause number 01-16-00556-CV, which is currently due on November 21, 2016, because he has not yet received the record.
"We may take judicial notice of our own records involving the same parties and subject matter." Douglas v. Am. Title Co., 196 S.W.3d 876, 877 n.1 (Tex. App.-Houston [1st Dist.] 2006, no pet.) (citation omitted). On November 1, 2016, this Court's Order in the related appellate cause number 01-16-00556-CV ordered the Clerk of this Court to deem the appellant indigent, and ordered the district clerk to mail a copy of the clerk's record within 10 days of that Order, and to certify when delivery is made within 15 days of that Order. Although this Court's November 1, 2016 Order may not have been received by relator at the time he filed this petition on November 7, 2016, it appears that this petition may now be moot because relator has received all the relief requested in his petition. See Tex. A&M Univ.-Kingsville v. Yarbrough, 347 S.W.3d 289, 290-91 (Tex. 2011); see, e.g., In re Jackson, No. 01-12-00020-CV, 2012 WL 405707, at *1 (Tex. App.—Houston [1st Dist.] Feb. 9, 2012, orig. proceeding) (mem. op.) (dismissing mandamus petition as moot after relator received relief requested).
Accordingly, the Court notifies relator that the Court may dismiss this mandamus petition as moot unless relator files a written response showing how this Court still has jurisdiction. See Yarbrough, 347 S.W.3d at 291; cf. TEX. R. APP. P. 42.3(a). The response, if any, shall be filed within 10 days from the date of this order.
It is so ORDERED. Judge's signature: /s/ Laura Carter Higley
[×] Acting individually Date: November 15, 2016