Opinion
08-23-00160-CV
06-23-2023
IN RE: ALEJANDRO HERNANDEZ, Relator.
AN ORIGINAL PROCEEDING IN MANDAMUS
Before Rodriguez, C.J., Palafox, and Soto, J.J.
MEMORANDUM OPINION
YVONNE T. RODRIGUEZ, Chief Justice.
Relator, Alejandro Hernandez, filed this original petition for writ of mandamus requesting we order the Honorable Judge Annabel Perez, of the 41st Judicial District Court, to grant Hernandez, a vexatious litigant, permission to proceed with litigation in El Paso County. We deny the petition.
After reviewing Hernandez' petition and accompanying record, we conclude that the petition does not comport with Rule 52 of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 52.3 (setting forth the form and content requirements of a petition). To be entitled to relief, Hernandez had the burden to provide this Court with an appendix containing, among other things, "a certified or sworn copy of any order complained of, or any other document showing the matter complained of," and certified or sworn copies "of every document that is material to [his] claim June 23, 2023 for relief and that was filed in any underlying proceeding." TEX. R. APP. P. 52.3(k); TEX. R. APP. P. 52.7(a). The mandamus record does not contain sworn or certified copies of the required documents. Hernandez has failed to meet those requirements and, therefore, failed to provide a petition and record sufficient to establish his right to any relief.