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In re Walton

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Apr 14, 2016
NO. 03-15-00775-CV (Tex. App. Apr. 14, 2016)

Opinion

NO. 03-15-00775-CV

04-14-2016

In re Craig Brooks Walton


ORIGINAL PROCEEDING FROM TRAVIS COUNTY

MEMORANDUM OPINION

Relator Craig Brooks Walton, an inmate proceeding pro se, has filed what is substantively a petition for writ of mandamus, in which Walton asks this Court to direct the district court below to rule on a motion that he filed. In this motion, according to Walton, he has requested the district court to rescind fines and fees that were assessed against him by the district court. In response to Walton's mandamus petition, we have received a letter from the district clerk's office informing us that no such motion has been filed. Additionally, Walton has failed to provide this Court with a copy of the motion that he claims to have filed or any correspondence to the district court requesting a ruling on that motion. On this record, we cannot conclude that Walton is entitled to the extraordinary relief requested. Accordingly, the petition for writ of mandamus is denied.

See State ex rel. Curry v. Gray, 726 S.W.2d 125, 128 (Tex. Crim. App. 1987); In re Keeter, 134 S.W.3d 250, 252 (Tex. App.—Waco 2003, orig. proceeding); In re Villarreal, 96 S.W.3d 708, 710 (Tex. App.—Amarillo 2003, orig. proceeding); Ex parte Bates, 65 S.W.3d 133, 135 (Tex. App.—Amarillo 2001, orig. proceeding) see also Tex. R. App. P. 52.7(a)(1) (relator must file with petition "a certified or sworn copy of every document that is material to the relator's claim for relief and that was filed in any underlying proceeding").

See Tex. R. App. P. 52.8(a). --------

/s/_________

Bob Pemberton, Justice Before Chief Justice Rose, Justices Pemberton and Bourland Filed: April 14, 2016


Summaries of

In re Walton

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Apr 14, 2016
NO. 03-15-00775-CV (Tex. App. Apr. 14, 2016)
Case details for

In re Walton

Case Details

Full title:In re Craig Brooks Walton

Court:TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

Date published: Apr 14, 2016

Citations

NO. 03-15-00775-CV (Tex. App. Apr. 14, 2016)