Opinion
No. 06-12-00126-CR
07-20-2012
In re: WILLIAM D. CULPEPPER
Original Mandamus Proceeding
Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Justice Moseley
MEMORANDUM OPINION
William D. Culpepper has filed a petition for writ of mandamus in which he asks this Court to order the judge of the 76th District Court to rule on a motion. In this, his second petition, he appears to be complaining because he has no ruling on a motion to direct the preparation of a trial record from some undescribed case. He has attached a copy of the first page of an unfile-marked request for trial records captioned to the 76th District Court (Titus County), a copy of an April 4, 2011, order of the 276th Judicial District Court (Camp County) denying his request for DNA testing, and a copy of an inmate correspondence form dated May 22, 2007, indicating that he had been provided copies he requested in regard to his plea bargain, signed by the Camp County District Clerk.
Culpepper has failed to provide this Court with coherent and understandable information about the situation, the actual nature of his complaint, or of his request, or documents showing that any proper request was actually filed with any particular court at any certain time.
We grant the extraordinary relief of mandamus only when the trial court has clearly abused its discretion and the relator lacks an adequate appellate remedy. In re Team Rocket, L.P., 256 S.W.3d 257 (Tex. 2008).
In this proceeding, Culpepper has provided us with nothing upon which to rule. His request is incoherent and does not show even that it was ever filed (or clearly explain which district court is involved). He has not shown us the requisite abuse of discretion.
In this situation, we conclude that Culpepper has failed to show his right to mandamus relief. See TEX. R. APP. P. 52.3(g), (k), 52.7.
We deny the petition for writ of mandamus.
Bailey C. Moseley
Justice
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