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In re Avalos

Court of Appeals of Texas, Eighth District, El Paso
Feb 19, 2004
No. 08-04-00035-CR (Tex. App. Feb. 19, 2004)

Opinion

No. 08-04-00035-CR.

February 19, 2004. DO NOT PUBLISH.

An Original Proceeding in Mandamus.

Before Panel No. 4 BARAJAS, C.J., LARSEN, and McCLURE, JJ.


MEMORANDUM OPINION


Relator Eduardo Avalos seeks a writ of mandamus to compel the district clerk to return motions that he has filed in the trial court and to compel the trial judge to rule on a motion. We have no authority to issue a writ of mandamus to the district clerk in this case. See TEX. GOV'T CODE ANN. § 22.221(a),(b) (Vernon Supp. 2004). To obtain mandamus relief against the trial judge, relator must establish that the judge received and was aware of the motion. In re Villarreal, 96 S.W.3d 708, 710 (Tex.App.-Amarillo 2003, orig. proceeding). Relator has provided this Court with a copy of a motion, but the motion does not contain a file stamp or any other indication that it was received by the district clerk, nor is there any indication that the trial judge was made aware of the motion. The petition for writ of mandamus is denied.


Summaries of

In re Avalos

Court of Appeals of Texas, Eighth District, El Paso
Feb 19, 2004
No. 08-04-00035-CR (Tex. App. Feb. 19, 2004)
Case details for

In re Avalos

Case Details

Full title:IN RE: EDUARDO AVALOS, Relator

Court:Court of Appeals of Texas, Eighth District, El Paso

Date published: Feb 19, 2004

Citations

No. 08-04-00035-CR (Tex. App. Feb. 19, 2004)