Opinion
NO. 09-15-00502-CV
01-21-2016
IN RE JOHN EARNEST COLLIER JR.
Original Proceeding County Court at Law of Polk County, Texas
Trial Cause No. 09796
MEMORANDUM OPINION
Relator John Collier Jr., a pro se inmate, filed a petition for writ of mandamus, in which he asks this Court to compel the County Court at Law of Polk County, Texas, to rule on an application for determination of heirship. Collier stated that on July 6, 2015, he filed an application for determination of heirship, but he has not been notified of any action on his application.
On December 9, 2015, we issued a notice of non-compliance and provided a thirty-day extension of time for Collier to amend his filing to add a supporting record, to either pay the filing fee for the mandamus petition or file a declaration of inability to pay costs that included an inmate's trust account statement and a declaration of previous filings, and to serve the real party in interest with a copy of the mandamus petition. See Tex. R. App. P. 9.5, 52. Collier received an extension of time in which to file an amended petition, but he failed to cure the deficiencies in his mandamus petition. Without a proper mandamus record, this Court is unable to ascertain if service of process on any purported heirs was requested or properly accomplished to initiate such an action. See Tex. Est. Code Ann. § 202.051.
Although Collier was provided with an opportunity to file a proper mandamus petition and record, he has not complied with the rules that apply to those seeking mandamus relief. Accordingly, we deny the petition for writ of mandamus without prejudice.
PETITION DENIED.
PER CURIAM Submitted on January 20, 2016
Opinion Delivered January 21, 2016 Before McKeithen, C.J., Kreger and Johnson, JJ.