February 03, 2004


Andrew Weber, Clerk of the Court                                            CERTIFIED MAIL
The Supreme Court of Texas
PO Box 12248
Austin, Texas 78711-2248

Dear Mr. Weber,

Yesterday, Feb. 2, 2004 at 10:51 a.m. you left the following message on my recorder:

"This is Andrew Weber, Supreme Court in Austin.

"I am calling to inform you that we received a letter from you dated January 22nd informing us that you were sending by UPS delivery a petition for review and an appendix thereto in this court, and asking that we contact you if we did not receive that.

"It is now February 2 and we have not received it, and we don't have any particularly good way of tracking it so, it is incumbent upon you to try to determine where that fell through the cracks and why it did not get here.

"Since you did not put it in the United States mail you have no availability to file it under the Mailbox rule.

"If you have any questions, feel free to give us a call. My name is Andrew Weber, 512 463-1312. Thank you."

* * * * *

First, thank you for informing me that you do not believe you received my documents.

Second, I would suggest you consult your web site, or other records, searching for the name UDO BIRNBAUM, and you should find Case # 04-0078 for indication of "1/23/2004 PETITION FOR REVIEW FILED."

If however, you should indeed not be able to find my twelve (12) petitions and appendixes, let this be my Motion for Extension for me to try to get another set of documents to you. Reason for such motion as indicated by the above.

It is my understanding that the Court can grant such a motion if presented within 15 days of the due date (Mon. Jan. 26, 2004). Check for $10.00 enclosed just in case.


Udo Birnbaum - Pro Se
540 VZ 2916
Eustace, Texas 75124
(903) 479-3929 - phone
(903) 479-3929 - fax