                                      In The

                                Court of Appeals
                    Ninth District of Texas at Beaumont
                           ____________________
                              NO. 09-15-00156-CR
                           ____________________



                          IN RE CARL W. HARTNEY


_______________________________________________________            ______________

                               Original Proceeding
________________________________________________________             _____________

                          MEMORANDUM OPINION

      Carl W. Hartney seeks a writ of mandamus to compel the trial court to

provide a free copy of the trial record for the purpose of preparing an application

for writ of habeas corpus. The mandamus petition lacks certified or sworn copies

of “every document that is material to the relator’s claim for relief[.]” See Tex. R.

App. P. 52.7(a)(1). Hartney failed to provide proof of service on the respondent

and the prosecuting attorney. See Tex. R. App. P. 9.5. Furthermore, the petition

demonstrates that Hartney is not entitled to mandamus relief because he has not

shown that he has a clear and indisputable right to the requested relief. See

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Eubanks v. Mullin, 909 S.W.2d 574, 577 (Tex. App.—Fort Worth 1995, orig.

proceeding) (“We hold that an indigent criminal defendant is not entitled -- either

as a matter of equal protection or of due process -- to a free transcription of prior

proceedings for use in pursuing post-conviction habeas corpus relief.”).

      The relator has not shown that he is entitled to mandamus relief.

Accordingly, the petition for writ of mandamus is denied.

      PETITION DENIED.



                                                               PER CURIAM


Submitted on May 12, 2015
Opinion Delivered May 13, 2015
Do Not Publish

Before McKeithen, C.J., Horton and Johnson, JJ.




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