Opinion
No. 01-03-01099-CV.
Opinion issued October 30, 2003.
Original Proceeding on Petition for Writ of Mandamus.
Attorney(s) for Appellant: Victor Rogers, TDC# 602346, Hwy. 90 Harlem Road, Richmond, Tx 77469.
Attorney(s) for Appellee: Charles A. Rosenthal, Jr., Dist. Atty. — Harris County, 1201 Franklin, Suite 600, Houston, TX 77002-1923.
Panel consists of Chief Justice RADACK, and Justices KEYES and ALCALA.
MEMORANDUM OPINION
Relator, Victor Rogers, filed a petition for writ of mandamus requesting that this Court compel respondent to rule on his motion for DNA testing in trial court cause number 590057. We deny the petition.
Respondent is the Honorable Ted Poe, Judge, 228th District Court, Harris County.
First, relator's petition does not meet the requirements of the Texas Rules of Appellate Procedure. For example, it does not include an appendix, and it does not certify that a copy was served on respondent. See Tex.R.App.P. 9.5, 52.3(j).
Moreover, relator has not provided us with a record that shows that he made any request of respondent to perform a nondiscretionary act that respondent refused. Barnes v. State, 832 S.W.2d 424, 426 (Tex.App.-Houston [1st Dist.] 1992, orig. proceeding).
The petition for writ of mandamus is denied.
It is so ORDERED.