Opinion
05-24-00112-CV
02-15-2024
IN RE RAMON CERVANTES, JR., Relator
Original Proceeding from the 134th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-22-09593
Before Justices Molberg, Carlyle, and Breedlove
MEMORANDUM OPINION
CORY L. CARLYLE, JUSTICE
Before the Court is relator's February 2, 2024 petition for writ of mandamus wherein he raises several complaints.
Relator's petition does not meet the requirements of the Texas Rules of Appellate Procedure for consideration of mandamus relief. See In re Jones, Nos. 05-23-00492-CV, 05-23-00493-CV, 2023 WL 4101440, at *1 (Tex. App.-Dallas June 21, 2023, orig. proceeding) (mem. op.). For instance, relator's petition is captioned incorrectly and does not contain a list identifying the parties and counsel, a table of contents, an index of authorities, a statement of the case, a statement of jurisdiction, a statement of the issues presented, or a statement of facts. Tex.R.App.P. 52.1, 52.3(a)-(c), (d)(1)-(3), (e)-(g). The petition also does not contain a "clear and concise argument for the contentions made with appropriate citations to authorities and to the appendix or record" or a "short conclusion that clearly states the nature of the relief sought." Tex.R.App.P. 52.3(h), (i). Relator further failed to certify that he reviewed the petition and concluded that every factual statement is supported by competent evidence included in the appendix or record. Tex.R.App.P. 52.3(j). The petition is also not supported by a sufficient record or appendix. Although relator filed some documents with his petition, they are not sworn or certified copies as required by the appellate rules. See Tex. R. App. P. 52.3(k)(1)(A), 52.7(a).
Accordingly, we deny relator's petition for writ of mandamus.
Relator filed with his mandamus petition a document entitled, "Plaintiffs Motion to Appeal the Above Cause For the Following." We construe this filing as a notice of appeal and docketed the appeal as appellate case No. 05-24-00135-CV.
Based on our review, the documents attached to relator's petition contain unredacted sensitive data, including a driver's license number, in violation of the Texas Rules of Appellate Procedure. See Tex. R. App. P. 9.9. Accordingly, we strike relator's petition, including its attached appendix.