Opinion
14-22-00543-CR
08-02-2022
IN RE WALTER HINTON JUNIOR, Relator
Do Not Publish - Tex.R.App.P. 47.2(b).
ORIGINAL PROCEEDING WRIT OF MANDAMUS 262nd District Court Harris County, Texas Trial Court Cause No. 1316867
Panel consists of Justices Zimmerer, Spain, and Poissant.
ORDER
PER CURIAM
On Monday, July 25, 2022, relator, Walter Hinton Junior, filed a petition for writ of mandamus in this court. See Tex. Gov't Code Ann. § 22.221; see also Tex. R. App. P. 52.
Relator's petition does not comply with Texas Rules of Appellate Procedure 52.3(k)(1)(A) and 52.7(a). Tex.R.App.P. 52.3(k)(1)(A) ("The appendix must contain: (A) a certified or sworn copy of any order complained of, or any other document showing the matter complained of") (emphasis added); 52.7(a) ("Relator must file with the petition: (1) a certified or sworn copy of every document that is material to the relator's claim for relief and that was filed in any underlying proceeding; and (2) a properly authenticated transcript of any relevant testimony from any underlying proceeding, including any exhibits offered in evidence, or a statement that no testimony was adduced in connection with the matter complained.") (emphasis added); 52.3(j) ("The person filing the petition must certify that he or she has reviewed the petition and concluded that every factual statement in the petition is supported by competent evidence included in the appendix or record."). To be a "certified or sworn copy," in accordance with Rule 52, the document must be certified by the trial court clerk or attached to either a properly prepared affidavit or an unsworn declaration. See Tex. Civ. Prac. & Rem. Code Ann. § 132.001.
By this order, the court gives relator notice that the petition will be dismissed unless an amended petition is filed on or before September 16, 2022 that addresses the record issues discussed above. Tex.R.App.P. 42.3(c); see In re Kholaif, 624 S.W.3d 228, 231 (order), mand. dism'd, 615 S.W.3d 369 (Tex. App.-Houston [14th Dist.] 2020) (orig. proceeding).