Opinion
10-22-00291-CR
09-21-2022
IN RE JOSEPH MCCREY RAY
Do not publish
Original Proceeding
From the 77th and 87th District Courts Limestone County, Texas
Before Chief Justice Gray, Justice Johnson, and Justice Smith
MEMORANDUM OPINION
MATT JOHNSON Justice
In this original proceeding, Relator Joseph McCrey Ray seeks mandamus relief against Respondents, the judges of the 77th and 87th District Courts, alleging that Respondents "refus[e] to hear [his] testimony or indict [him] on [certain] charges" even though he has been in jail for months.
Ray's petition for writ of mandamus has several procedural deficiencies. See Tex. R. App. P. 52.3. It also lacks a proper proof of service. See id. R. 9.5, 52.2. Because of our disposition and to expedite it, we will implement Rule 2 and suspend these rules in this proceeding only. See id. R. 2.
"Mandamus will issue when there is a legal duty to perform a non-discretionary act, a demand for performance, and a refusal." O'Connor v. First Court of Appeals, 837 S.W.2d 94, 97 (Tex. 1992) (orig. proceeding). Ray bears the burden of providing this Court with a sufficient record to establish his right to mandamus relief. See In re Douthit, No. 10-12-00121-CV, 2012 WL 1548113, at *1 (Tex. App.-Waco May 2, 2012, orig. proceeding) (mem. op.); In re Blakeney, 254 S.W.3d 659, 661 (Tex. App.-Texarkana 2008, orig. proceeding).
Here, Ray has not identified any specific motion, application, or request that he has properly filed and adequately presented to Respondents and upon which Respondents have then failed to rule. Ray's petition for writ of mandamus is therefore insufficient to establish his right to mandamus relief.
Ray's petition for writ of mandamus is accordingly denied.
Petition denied.