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In re Sayyed

Court of Appeals of Texas, Fifth District, Dallas
Jul 31, 2024
No. 05-24-00719-CV (Tex. App. Jul. 31, 2024)

Opinion

05-24-00719-CV

07-31-2024

IN RE MUAMAR ASAD SAYYED, Relator


Original Proceeding from the 219th Judicial District Court Collin County, Texas Trial Court Cause No. 380-82405-07

Before Molberg, Carlyle, and Breedlove, Justices.

MEMORANDUM OPINION

MARICELA BREEDLOVE, JUSTICE.

In his June 13, 2024 petition for writ of mandamus, relator seeks, at least, to compel the trial court to rule on and grant his April 26, 2019 "Motion to Vacate the Void Order to Amend the Indictment Nunc Pro Tunc."

Upon review, relator's petition does not meet the requirements of the Texas Rules of Appellate Procedure for consideration of mandamus relief. See In re Backusy, No. 05-23-00674-CV, 2023 WL 4540278, at *1 (Tex. App.-Dallas July 14, 2023, orig. proceeding) (mem. op.); see also Tex. R. App. P. 52.3(c), 52.3(d), 52.3(g), 52.3(i), 52.3(j), 52.3(k)(1)(A), 52.7(a)(1), 52.7(a)(2). For example, relator failed to certify that he has reviewed the petition and concluded that every factual statement in the petition is supported by competent evidence included in the appendix or record, as required by rule 52.3(j). See TEX. R. APP. P. 52.3(j); In re Stewart, No. 05-19-01338-CV, 2020 WL 401764, at *1 (Tex. App.-Dallas Jan. 24, 2020, orig. proceeding) (mem. op.) (explaining that our precedent requires "exceptionally strict compliance" with rule 52.3(j)). Additionally, the documents included in the appendix and record are not properly certified or sworn copies. See Tex. R. App. P. 52.3(k)(1)(A), 52.7(a)(1); In re Leonard, No. 05-23-00546-CV, 2023 WL 3944376, at *1 (Tex. App.-Dallas June 12, 2023, orig. proceeding) (mem. op.) (explaining how to obtain properly certified or sworn copies).

Accordingly, we deny the petition for writ of mandamus.


Summaries of

In re Sayyed

Court of Appeals of Texas, Fifth District, Dallas
Jul 31, 2024
No. 05-24-00719-CV (Tex. App. Jul. 31, 2024)
Case details for

In re Sayyed

Case Details

Full title:IN RE MUAMAR ASAD SAYYED, Relator

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Jul 31, 2024

Citations

No. 05-24-00719-CV (Tex. App. Jul. 31, 2024)