Opinion
No. 14-04-00779-CV
Memorandum Opinion Filed: September 2, 2004.
Original Proceeding Writ of Mandamus.
Petition for Writ of Mandamus Denied.
Panel consists of Justices YATES, EDELMAN, and GUZMAN.
MEMORANDUM OPINION
On August 18, 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. Relator complains that respondent, the Honorable Mary Lou Keel, Judge, 232nd District Court of Harris County, failed to require full disclosure of the terms of relator's plea agreement.
Texas Rule of Appellate Procedure 52.3 requires verification of factual statements in the petition. As an inmate, relator is permitted to substitute an unsworn declaration. See TEX. CIV. PRAC. REM. CODE ANN. § 132.001 (Vernon 1997). However, relator's unsworn declaration is not compliant with the form prescribed by law. See Tex. Civ. Prac. Rem. Code Ann. §§ 132.002-132.003 (Vernon 1997); Draughon v. Cockrell, 112 S.W.3d 775, 776 n. 2 (Tex. App.-Beaumont 2003, no pet.). Further, we are not required to rule on matters unless a filing fee has been paid or a proper affidavit of indigence has been filed.
In re Higgins, 2003 WL 1738412, at * 1 (Tex. App.-Amarillo 2003, orig. proceeding). Relator did not file an affidavit of indigence, nor has he paid the filing fee. Accordingly, we deny relator's petition for writ of mandamus.