Opinion
No. 04-06-00557-CV
Delivered and Filed: September 20, 2006.
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.