Opinion
No. 14-09-00611-CR
Memorandum Opinion filed July 23, 2009. DO NOT PUBLISH — Tex. R. App. P. 47.2(b).
Original Proceeding. Writ of Mandamus.
Panel consists of Justices SEYMORE, BROWN, and SULLIVAN.
MEMORANDUM OPINION
On July 9, 2009, relator, Leon Harrison, 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 the petition, relator asserts he requested that the respondent, Loren Jackson, Harris County District Clerk, transmit the notice of appeal from the trial court's denial of relator's motion for DNA testing and all related documents as requested in his notice of appeal. Relator complains that, although he wrote Jackson regarding the transmittal of his notice of appeal and all related documents, Jackson has not transmitted the notice of appeal or the documents to the court of appeals, and requests that we compel Jackson to do so. Relator's petition does not comply with the Texas Rules of Appellate Procedure. Relator has not shown that he filed his notice of appeal with the district clerk by including with his petition a certified or sworn copy of the notice of appeal or the letters he states that he wrote Jackson regarding the transmittal of his notice of appeal. See Tex. R. App. P. 52.7(a)(1) (requiring relator to file certified or sworn copy of every document that is material to his claim for relief). Relator also has not filed an affidavit of indigence with his petition as required by Rule 20.1 of the Texas Rules of Appellate Procedure. Tex. R. App. P. 20.1; see also In re Chavez, 62 S.W.3d 225, 228 (Tex.App.-El Paso 2001, orig. proceeding) (stating that appellate court will not consider petition without affidavit of indigence). Relator has not established his entitlement to the extraordinary relief of a writ of mandamus. Accordingly, we deny relator's petition for writ of mandamus.