From Casetext: Smarter Legal Research

In re Smotherman

Court of Appeals of Texas, Fourteenth District, Houston
Sep 1, 2009
No. 14-09-00692-CV (Tex. App. Sep. 1, 2009)

Opinion

No. 14-09-00692-CV

Opinion filed September 1, 2009.

Original Proceeding.

Writ of Mandamus.

Panel consists of Justices YATES, FROST, and BROWN.


MEMORANDUM OPINION


On August 12, 2009, relator, David Smotherman, filed a petition for writ of mandamus in this court. See Tex. Gov't Code Ann. § 22.221 (Vernon 2004); see also Tex. R. App. P. 52. In his petition, relator requests that we compel the Honorable James H. Shoemake, presiding judge of the 434th District Court of Fort Bend County, to rule on his pending motion for appointment of counsel and motion for photocopying.

Relator's petition does not comply with the Texas Rules of Appellate Procedure. See Tex. R. App. P. 20.1 (requiring affidavit of indigence to proceed in court of appeals without advance payment of costs); Tex. R. App. P. 52.3(a) (requiring complete list of all parties, and names and addresses of all counsel); Tex. R. App. P. 52.3(j) (requiring certification that every factual statement in petition is supported by competent evidence in appendix or record); Tex. R. App. P. 52.7(a)(1) (requiring relator to file certified or sworn copy of every document that is material to his claim for relief).

Relator has not established his entitlement to the extraordinary relief of a writ of mandamus. Accordingly, we deny relator's petition for writ of mandamus.


Summaries of

In re Smotherman

Court of Appeals of Texas, Fourteenth District, Houston
Sep 1, 2009
No. 14-09-00692-CV (Tex. App. Sep. 1, 2009)
Case details for

In re Smotherman

Case Details

Full title:IN RE DAVID SMOTHERMAN, Relator

Court:Court of Appeals of Texas, Fourteenth District, Houston

Date published: Sep 1, 2009

Citations

No. 14-09-00692-CV (Tex. App. Sep. 1, 2009)