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In re Toney

Court of Appeals of Texas, First District, Houston
Jul 26, 2007
No. 01-07-00597-CR (Tex. App. Jul. 26, 2007)

Opinion

No. 01-07-00597-CR

Opinion issued July 26, 2007.

Original Proceeding on Petition for Writ of Mandamus.

Panel consists of Justices TAFT, JENNINGS, and ALCALA.


MEMORANDUM OPINION


Relator, Michael Scott Toney, has filed in this Court a pro se petition for writ of mandamus. We deny the petition.

We review pro se applications with less stringent standards than formal pleadings drafted by lawyers. Barnes v. State, 832 S.W.2d 424, 426 (Tex.App.-Houston [1st Dist.] 1992, orig. proceeding). Relator complains that the trial court has not timely acted on his post-conviction request for appointment of counsel to pursue forensic DNA testing.

However, relator's petition does not meet the requirements of the Texas Rules of Appellate Procedure. For example, it does not include a complete list of all parties, a table of contents, or an appendix, and it does not certify that a copy was served on respondent. See TEX. R. APP. P. 9.5, 52.3 (a) (b) (c)(j).

Moreover, relator has not provided us with a record that shows that he made any request of respondent to perform a nondiscretionary act that respondent refused. Barnes v. State, 832 S.W.2d 424, 426 (Tex.App. — Houston [1st Dist.] 1992, orig. proceeding).

The petition for writ of mandamus is therefore denied.


Summaries of

In re Toney

Court of Appeals of Texas, First District, Houston
Jul 26, 2007
No. 01-07-00597-CR (Tex. App. Jul. 26, 2007)
Case details for

In re Toney

Case Details

Full title:IN RE MICHAEL SCOTT TONEY, Relator

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

Date published: Jul 26, 2007

Citations

No. 01-07-00597-CR (Tex. App. Jul. 26, 2007)