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In re Sweed

Court of Appeals of Texas, Seventh District, Amarillo
Jun 18, 2004
153 S.W.3d 577 (Tex. App. 2004)

Summary

stating that the one petitioning for a writ of mandamus must establish his entitlement to relief

Summary of this case from In re Allen

Opinion

No. 07-04-0307-CV.

June 18, 2004.

James Lee Sweed, Gatesville, pro se.

Mackey K. Hancock, Lubbock, for respondent.

Before JOHNSON, C.J., and QUINN and CAMPBELL, JJ.


OPINION


Relator James W. Sweed seeks a writ of mandamus ordering respondent, the Honorable Mackey Hancock, Judge of the 99th District Court of Lubbock County, to rule on two motions allegedly pending in cause number 2003-522-601. We deny the petition.

Relator has filed a Petition for Writ of Mandamus in which he alleges that respondent has failed to act on two motions pending in the referenced cause. We are requested to order respondent to rule on the motions.

In support of the petition for writ of mandamus, relator has not attached any documents evidencing the motions or relator's alleged request that respondent rule on the motions.

When petition for writ of mandamus is made, it is the relator's burden to show entitlement to the relief being requested. See generally Johnson v. Fourth Court of Appeals, 700 S.W.2d 916, 917 (Tex. 1985) (orig.proceeding). Relator must file with the petition a certified sworn copy of every document that is material to relator's claim for relief and that was filed in any underlying proceeding, and 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 of. Tex.R.App. P. 52.7(a).

Certified, sworn copies of motions and correspondence referenced in the petition are not attached or furnished. Relator has not presented a record which shows entitlement to the relief sought, or upon which we are authorized to act.

The petition for writ of mandamus is denied.


Summaries of

In re Sweed

Court of Appeals of Texas, Seventh District, Amarillo
Jun 18, 2004
153 S.W.3d 577 (Tex. App. 2004)

stating that the one petitioning for a writ of mandamus must establish his entitlement to relief

Summary of this case from In re Allen
Case details for

In re Sweed

Case Details

Full title:In re James Lee SWEED, Relator

Court:Court of Appeals of Texas, Seventh District, Amarillo

Date published: Jun 18, 2004

Citations

153 S.W.3d 577 (Tex. App. 2004)

Citing Cases

In re Allen

Nor do we know of any such authority. See In re Sweed, 153 S.W.3d 577, 578 (Tex. App.-Amarillo 2004, orig.…