Opinion
No. 01-08-00429-CV
Opinion issued June 12, 2008.
Original Proceeding on Petition for Writ of Mandamus.
Panel consists of Chief Justice RADACK and Justices KEYES and HIGLEY.
MEMORANDUM OPINION
Relator, Marvin M. Tanzy, has filed a petition for writ of mandamus asking this court to compel Judge McAdams to hold a hearing on relator's contention that the storage area for his religious materials at the Texas Department of Criminal Justice Institutional Division is inadequate, citing Balawajder v. Tex. Dep't of Criminal Justice, 217 S.W.3d 20 (Tex.App.-Houston [1st Dist.] 2006, pet. denied).
The Honorable William L. McAdams of the 12th District Court of Harris County, Texas. There does not appear to be an underlying lawsuit.
Relator neither identifies any refusal by the trial judge to hold such hearing, nor attaches a copy of any document showing the matter complained of. See Tex. R. App. P. 52.3(j) (requiring appendix containing certified or sworn copy of any order complained of, or any other document showing matter complained of); 52.7(a) (requiring record containing certified or sworn copy of every document that is material to relator's claim for relief and that was filed in any underlying proceeding); O'Connor v. First Court of Appeals, 837 S.W.2d 94, 97 (Tex. 1992). In addition, relator has neither paid the filing fee, nor filed an affidavit of indigence with the Clerk of this Court with or before filing his petition. See Tex. R. App. P. 20.1(c)(2).
We deny the petition for writ of mandamus.