Opinion
No. 04-13-00026-CV
01-23-2013
IN RE Richard PAYNE
MEMORANDUM OPINION
Original Mandamus Proceeding
This proceeding arises out of Cause No. 11-12-00309-CVK, styled Richard Payne v. Brad Livingston, et al., pending in the 218th Judicial District Court, Karnes County, Texas, the Honorable Stella Saxon presiding.
PER CURIAM Sitting: Catherine Stone, Chief Justice
Marialyn Barnard, Justice
Patricia O. Alvarez, Justice
PETITION FOR WRIT OF MANDAMUS DENIED
On January 14, 2013, Relator Richard Payne filed a petition for writ of mandamus, complaining the trial court has failed to rule on his "Motion for Leave to Proceed In Forma Pauperis." Payne, however, has the burden of providing this court with a record sufficient to establish his right to mandamus relief. See TEX. R. APP. P. 52.3(k)(1); TEX. R. APP. P. 52.7(a); Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig. proceeding). Payne has failed to provide us with a record to support his claims. Accordingly, Payne's petition for writ of mandamus is DENIED. See TEX. R. APP. P. 52.8(a).
PER CURIAM