Opinion
No. 14-11-00294-CV
Opinion filed April 12, 2011.
Original Proceeding.
Writ of Mandamus.
Panel consists of Justices FROST, JAMISON, and McCALLY.
MEMORANDUM OPINION
On April 4, 2011, relator Zahir Querishi 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. In the petition, relator asks this court to compel the Honorable Michael Schneider, presiding judge of the 315th District Court of Harris County to rule on relator's application for writ of habeas corpus.
Relator contends that he filed an application for writ of habeas corpus in the trial court on January 21, 2011. Consideration of a motion that is properly filed and before the court is a ministerial act. State ex rel. Curry v. Gray, 726 S.W.2d 125, 128 (Tex. Crim. App. 1987) (orig. proceeding). A relator must establish the trial court (1) had a legal duty to rule on the motion; (2) was asked to rule on the motion; and (3) failed to do so. In re Keeter, 134 S.W.3d 250, 252 (Tex. App.-Waco 2003, orig. proceeding). A relator must show that the trial court received, was aware of, and was asked to rule on the motion. In re Villarreal, 96 S.W.3d 708, 710 (Tex. App.-Amarillo 2003, orig. proceeding). Relator did not attach a file-stamped copy of his application for writ of habeas corpus demonstrating it is actually pending in the trial court.
Relator has not demonstrated that he is entitled to extraordinary relief. He has not provided this court with a record showing that the 315th District Court received the application for writ of habeas corpus, was aware of it, was asked to rule on it, and refused to rule. Filing a document with the district clerk does not mean the trial court is aware of it; nor is the clerk's knowledge imputed to the trial court. In re Hearn, 137 S.W.3d 681, 685 (Tex. App.-San Antonio 2004, orig. proceeding);
Accordingly, we deny relator's petition for writ of mandamus.