Opinion
NO. 14-18-00210-CR
04-10-2018
IN RE KEVIN ROBERSON, Relator
ORIGINAL PROCEEDING WRIT OF MANDAMUS
339th District Court Harris County, Texas
Trial Court Cause No. 1568469
MEMORANDUM OPINION
On March 22, 2018, relator Kevin Roberson filed a petition for writ of mandamus in this court. See Tex. Gov't Code Ann. § 22.221 (West Supp. 2017); see also Tex. R. App. P. 52. In the petition, relator complains of alleged violations of his civil and constitutional rights.
Relator has not complied with at least five requirements of Texas Rule of Appellate Procedure 52.7.
First, as the party seeking relief, relator has the burden of providing this court with a sufficient record to establish his right to mandamus relief. See Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig. proceeding). Texas Rule of Appellate Procedure 52.7 (a) requires that "[r]elator 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." Tex. R. App. P. 52.7. Relator has not provided our court with any record, much less one that shows he is entitled to mandamus relief.
Second, the petition must contain a short conclusion that clearly states the nature of the relief sought. See Tex. R. App. P. 52.3(i). Relator's petition does not clearly state the relief sought.
Third, every statement of fact in the petition must be supported by citation to competent evidence included in the appendix or record. See Tex. R. App. P. 52.3(g). Relator's statements of fact are not supported by any citations to an appendix or a record.
Fourth, relator must certify that relator has reviewed the petition and concluded that every factual statement in the petition is supported by competent evidence included in the appendix or record. See Tex. R. App. P. 52.3(j). Relator's petition has no such certification.
Fifth, the petition must contain a certificate of service on the respondent judge and real parties-in-interest. See Tex. R. App. P. 9.5, 52.2. Relator's petition has no certificate of service.
For these reasons, we deny relator's petition for writ of mandamus.
PER CURIAM Panel consists of Chief Justice Frost and Justices Christopher and Jamison.
Do Not Publish — Tex. R. App. P. 47.2(b).