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Negri v. Jack

Appellant has filed a "motion to compel" his former retained appellate counsel in a separate criminal cause of action "to produce criminal trial transcripts" from the criminal case. This court's plenary power over that case has long since expired. Accordingly, this court has no jurisdiction to compel his former counsel or the district clerk to produce the transcripts from the criminal case. His motion to compel is denied. Austin Court of Appeals, No. 03-09-00676-CV, 10-28-2010

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ORDER

In this cause, appellant Thomas James Negri has filed a “motion to compel” Keith Hampton, his former retained appellate counsel in a separate criminal cause of action, “to produce criminal trial transcripts” from the criminal case. In his motion, Negri represents that he had previously paid for the record during his prior appeal in the criminal case, that his former counsel has advised him that he no longer has a copy of the record because he returned it to the district clerk’s office, and that the district clerk’s office has refused to provide him with a free copy of the record. Negri asserts that he needs the transcripts for a wrongful death lawsuit currently awaiting trial in the district court and also for a petition for writ of habeas corpus that he intends to file in federal court.

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