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In re Duncan

Court of Appeals of Texas, Fourteenth District, Houston
Dec 2, 2004
No. 14-04-01134-CV (Tex. App. Dec. 2, 2004)

Opinion

No. 14-04-01134-CV

Memorandum Opinion filed December 2, 2004.

Original Proceeding.

Petition for Writ of Mandamus Denied.

Panel consists of Chief Justice HEDGES and Justices FOWLER and SEYMORE.


MEMORANDUM OPINION


On November 23, 2004, relator filed a petition for writ of mandamus in this Court. See TEX. GOV'T. CODE ANN. § 22.221 (Vernon 2004); see also TEX. R. APP. P. 52. In his petition, relator seeks to have this court compel the Honorable Lamar McCorkle, presiding judge of the 133rd District Court, to rule on relator's pending motions to appoint counsel to represent relator, compel production of discovery and for sanctions in cause number 2003-45152.

Relator previously filed a petition for writ of mandamus requesting the same relief. This court denied the petition because relator failed to demonstrate that his motions were properly filed and presented to the trial court for ruling. In re Duncan, No. 14-04-00434-CV, (Tex.App. May 27, 2004, orig. proceeding) (citing In re Bates, 65 S.W.2d 133, 135 (Tex.App. 2001, orig. proceeding)).

While relator has provided file-stamped copies of some of the documents he asserts he filed, he still has not established that he is entitled to mandamus relief. See Walker v. Packer, 827, S.W.2d 833, 837 (1992).

Accordingly, we deny relator's petition for writ of mandamus.


Summaries of

In re Duncan

Court of Appeals of Texas, Fourteenth District, Houston
Dec 2, 2004
No. 14-04-01134-CV (Tex. App. Dec. 2, 2004)
Case details for

In re Duncan

Case Details

Full title:IN RE ALVIN CHARLES DUNCAN, Relator

Court:Court of Appeals of Texas, Fourteenth District, Houston

Date published: Dec 2, 2004

Citations

No. 14-04-01134-CV (Tex. App. Dec. 2, 2004)