Opinion
05-22-00363-CV 05-22-00364-CV05-22-00365-CV
05-13-2022
IN RE JAMES CORNELIOUS KIRK, Relator
Original Proceeding from the 194th Judicial District Court Dallas County, Texas Trial Court Cause Nos. F16-59404-M, F16-59405-M, & F16-59406-M
Before Justices Myers, Nowell, and Goldstein
MEMORANDUM OPINION
BONNIE LEE GOLDSTEIN JUSTICE
James Cornelious Kirk has filed a petition seeking a writ of mandamus to compel the trial court to rule on his pending motion for post-conviction DNA testing. We deny the petition.
Relator's petition is not properly certified. See Tex. R. App. P. 52.3(j); In re Butler, 270 S.W.3d 757, 758 (Tex. App.-Dallas 2008, orig. proceeding). Furthermore, although appellant has filed some unauthenticated documents, the petition is not supported by an appendix with certified or sworn copies of documents showing relator is entitled to relief. See Tex. R. App. P. 52.3(k)(1)(A), 52.7(a)(1); Butler, 270 S.W.3d at 759. Relator bears the burden of providing the Court with a sufficient record to show he is entitled to relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig. proceeding). Without a certified petition and authenticated record, relator has not carried that burden. See Butler, 270 S.W.3d at 758-59.
Additionally, relator has not shown that he brought the motion to the trial court's attention or reminded the trial court by letter that the motion is still pending. See In re Rangel, 570 S.W.3d 968, 969 (Tex. App.-Waco 2019, orig. proceeding); In re Chavez, 62 S.W.3d 225, 228 (Tex. App.-Amarillo 2001, orig. proceeding); see also In re Read, No. 05-21-01014-CV, 2021 WL 6194726, at *1 (Tex. App.- Dallas Dec. 31, 2021, orig. proceeding) (mem. op.). Without such a showing, relator cannot show he is entitled to mandamus relief on his motion. See In re Prado, 522 S.W.3d 1, 2 (Tex. App.-Dallas 2017, orig. proceeding) (mem. op.).
Accordingly, we deny the petition.