Opinion
NO. 14-20-00775-CR
12-01-2020
IN RE BRADLEY J. BARTON, Relator
ORIGINAL PROCEEDING WRIT OF MANDAMUS
176th District Court Harris County, Texas
Trial Court Cause No. 1206429
MEMORANDUM OPINION
On November 12, 2020, relator Bradley J. Barton filed a petition for writ of mandamus in this court. See Tex. Gov't Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable Nikita Harmon, presiding judge of the 176th District Court of Harris County, to "rescind a 2010 unconstitutional order . . . that curtails [relator's] freedom of speech, etc."
Relator's petition does not comply with the Texas Rules of Appellate Procedure. See Tex. R. App. P. 52.3(j) (requiring certification that person filing petition has reviewed petition and concluded that every factual statement in petition is supported by competent evidence included in appendix or record); 52.3(k)(1)(A) (requiring appendix to contain certified or sworn copy of any order complained of, or any other document showing matter complained of); 52.7(a)(1) (requiring relator to file with petition certified or sworn copy of every document that is material to relator's claim for relief and that was filed in any underlying proceeding); 52.7(a)(2) (requiring relator to file with petition properly authenticated transcript of any relevant testimony from any underlying proceeding, including any exhibits offered in evidence, or statement that no testimony was adduced in connection with matter complained). See In re Hughes, 607 S.W.3d 136, 137-38 & n.2 (Tex. App.—Houston [14th Dist.] 2020. orig. proceeding).
The legislature has provided an alternate method of meeting the requirement of sworn copies—an unsworn declaration. See Tex. Civ. Prac. & Rem. Code Ann. § 132.001. An unsworn declaration must be in writing and subscribed by the person making the declaration as true under penalty of perjury. Id. § 132.001(c). Section 132.001(e) sets forth the form for an unsworn declaration by an inmate:
My name is ___ (First) ___ (Middle) ___ (Last), my date of birth is __________, and my inmate identifying number, if any, is __________. I am presently incarcerated in __________ (Corrections unit name) in ___ (City), ___ (County), ___ (State), ___ (Zip Code). I declare under penalty of perjury that the foregoing is true and correct.
Executed on the ___ day of ___ (Month), ___ (Year).
__________
Declarant
Accordingly, we dismiss relator's petition for writ of mandamus without prejudice to refiling in conformity with the above-cited rules.
PER CURIAM Panel consists of Justices Bourliot, Zimmerer, and Spain.
Do Not Publish — Tex. R. App. P. 47.2(b).