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In re Karnei

Court of Appeals of Texas, Fourth District, San Antonio
Sep 20, 2006
No. 04-06-00557-CV (Tex. App. Sep. 20, 2006)

Opinion

No. 04-06-00557-CV

Delivered and Filed: September 20, 2006.

Original Mandamus Proceeding.

This proceeding arises out of Cause No. 2006-CI-08783, styled John A. Karnei v. Sylvia S. Romo, pending in the 285th Judicial District Court, Bexar County, Texas.

Petition for Writ of Mandamus Denied.

Sitting: Alma L. LÓPEZ, Chief Justice, Sarah B. DUNCAN, Justice, Phylis J. SPEEDLIN, Justice.


MEMORANDUM OPINION


Relator John A. Karnei, an inmate, filed a pro se petition for a writ of mandamus complaining of the trial court's ruling that he pay court costs or face dismissal of his civil lawsuit. A relator has the burden of providing a record establishing his right to mandamus relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992); Tex.R.App.P. 52.3 (j)(1)(A) (appendix must contain a copy of any order complained of); Tex.R.App.P. 52.7(a)(1) (relator must file with the mandamus petition a copy of every document material to his claim for relief). Here, material documents — the challenged order and the affidavit of indigency filed in the underlying cause — do not accompany the mandamus petition. Accordingly, Karnei's petition for a writ of mandamus is denied. See Tex.R.App.P. 52.8(a). Because a motion for leave to file a petition for a writ of mandamus is not necessary under the appellate rules, Karnei's motion for leave to file his petition is denied as moot.


Summaries of

In re Karnei

Court of Appeals of Texas, Fourth District, San Antonio
Sep 20, 2006
No. 04-06-00557-CV (Tex. App. Sep. 20, 2006)
Case details for

In re Karnei

Case Details

Full title:IN RE JOHN A. KARNEI

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Sep 20, 2006

Citations

No. 04-06-00557-CV (Tex. App. Sep. 20, 2006)

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