Opinion
NO. 14-17-00008-CV
11-14-2017
MATTHEW S. BOVEE, Appellant v. HOUSTON PRESS LP, ET AL, Appellees
On Appeal from the 270th District Court Harris County, Texas
Trial Court Cause No. 2016-16984
ORDER
Appellant is an inmate proceeding pro se. By order dated July 6, 2017, we determined that appellant may proceed in this appeal without advance payment of costs and ordered the district clerk to prepare, certify, and file the clerk's record. The clerk's record was filed on August 7, 2017.
On August 23, 2017, appellant filed a motion to compel the district clerk to provide him a hard copy of the record, and a motion to compel the court reporter to file the reporter's record. We granted the motion with respect to the clerk's record by order dated September 26, 2017. In the same order, we denied the motion regarding the reporter's record based on the notification from the court reporter of the 270th District Court that there was no reporter's record.
Appellant has now filed two more motions about the record. First, he asks us to compel the district clerk to file a supplemental clerk's record containing the items he requested by letter to the district clerk dated October 14, 2017. Second, he moves us to reconsider our ruling on regarding the reporter's record. His motion to reconsider states that this case began in the 249th District Court of Johnson County and was transferred to the 270th District Court in Harris County. Although there is no reporter's record from the 270th District Court, appellant states there is a reporter's record from the 249th District Court.
We GRANT both motions and order as follows:
The Harris County District Clerk shall file a supplemental clerk's record containing the items requested in appellant's letter dated October 14, 2017. A list of those items is included in footnote 1 of this order. The supplemental clerk's record shall be filed and a hard copy of the record shall be served to appellant by November 28, 2017. If any requested item is not part of the case file, the district clerk is directed to file a supplemental clerk's record containing a certified statement that the omitted item is not a part of the case file.
The letter requests the following: "SIGNED Order transferring Venue from the 249th to the 270th District Court; Plaintiff's Exhibits In Support of His Oral Response to KXAN's Motion to Dismiss Pursuant to Chapters 14 & 27 (already requested); Defendant's Response to Plaintiff's Motion For Continuance; Motion to Compel Filing (of petition); KXANTs Objections to Plaintiff's Exhibits in Support of His Oral Response to KXAN's Motion to Dismiss; Media Defendant's Reply to Plaintiff's Response to it's Motion to Dismiss Pursuant to Chapters 14 & 27; Plaintiff's Response to Houston Press' Motion to Dismiss Pursuant to Chapters 14 & 27; Media Defendant's Motion to Dismiss Pursuant to Chapters 14 & 27; SIGNED FINAL JUDGEMENT of the 249th Judicial District dismissing all claims against Press and Media Defendants."
The official court reporter of the 249th District Court shall prepare, certify, and file the reporter's record by December 14, 2017.
Appellant's brief is due 30 days after the later of the supplemental clerk's record or the reporter's record is filed.
PER CURIAM