Opinion
NO. 14-18-00738-CV
08-23-2018
IN RE FREDRICK E. GAINS, Relator
ORIGINAL PROCEEDING WRIT OF MANDAMUS
333rd District Court Harris County, Texas
Trial Court Cause No. 2016-43418
MEMORANDUM OPINION
On August 23, 2018, relator Fredrick E. Gains filed a petition for writ of mandamus in this court. See Tex. Gov't Code Ann. § 22.221 (West Supp. 2017); see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable Daryl Moore, presiding judge of the 333rd District Court of Harris County, to vacate his August 22, 2018 order denying relator's motion for continuance and accept relator's jury fee. Relator also filed a motion for emergency stay asking this court to stay the trial set for August 23, 2018.
With certain exceptions, to obtain mandamus relief, a relator must show both that the trial court clearly abused its discretion and that the relator has no adequate remedy by appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding). Relator has not shown that he is entitled to mandamus relief. We therefore deny relator's petition for writ of mandamus and motion for stay.
PER CURIAM Panel consists of Chief Justice Frost and Justices Boyce and Busby.