Opinion
WR-88,716-01
04-19-2023
IN RE ANTHONY LAURENTIS GALENTINE, Relator
Do not publish
ON APPLICATION FOR A WRIT OF MANDAMUS CAUSE NO. 067596801010 IN THE 339TH DISTRICT COURT FROM HARRIS COUNTY
ORDER
PER CURIAM
Relator has filed a motion for leave to file a writ of mandamus pursuant to the original jurisdiction of this Court. In it, he contends that he wrote to the Harris County District Clerk requesting an estimate of the cost to purchase copies of requested records, but received a response citing to Section 552.028 of the Texas Government Code, stating that the Clerk's Office did not have to accept or comply with a request from a person imprisoned or confined in a correctional facility.
This Court issued an order dated August 22, 2018 ordering the district clerk to state whether he received a request from the Relator for a statement of costs for his records and if so, state the nature of the response and provide a copy of the response if possible. There was no response to this order until March 21, 2023 when the Court received a supplemental response including a copy of a letter to Relator stating that a copy of an application was sent to him. That letter does not answer this Court's remand order and does not appear to answer Realtor's request for a cost estimate for the documents in his criminal case file.
Respondent, the District Clerk of Harris County, is again ordered to file a response stating whether he received a request from the Relator for a statement of costs for his records. If the District Clerk received such a request, he shall state the nature of his response and, if available, provide a copy of the response. If the District Clerk received such a request and did not respond, he shall provide his rationale for not responding. This application for leave to file a writ of mandamus shall be held in abeyance until Respondent has submitted the appropriate response. Such response shall be submitted within 30 days of the date of this order.