Opinion
09-22-00438-CV
01-19-2023
IN RE JAMES MUZZY
Submitted on January 18, 2023
Original Proceeding 435th District Court of Montgomery County, Texas Trial Cause No. 13-01-00183-CV
Before Golemon, C.J., Horton and Wright, JJ.
MEMORANDUM OPINION
PER CURIAM
In a mandamus petition, James Muzzy seeks to compel the trial court to vacate unidentified orders relating to Muzzy's petition for transfer to less restrictive housing and supervision under Subchapter E of the Texas Health and Safety Code. See generally Tex. Health & Safety Code Ann. § 841.0834. Muzzy's mandamus record lacks the petition Muzzy filed with the trial court, the State's response to his petition, a record of any hearings conducted by the trial court, and any orders signed by the trial court. Appellate courts do not decide cases in a vacuum. In a mandamus proceeding, the relator must file with the petition (1) a certified or sworn copy of every document that is material to the relator's claim for relief and that was filed in the underlying proceeding and (2) file a properly authenticated transcript of any relevant testimony from any underlying proceeding. Tex.R.App.P. 52.7(a). Muzzy failed to satisfy his burden of providing this Court with a sufficient record to establish his right to mandamus relief. See Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig. proceeding). Accordingly, we deny the petition for a writ of mandamus without prejudice to refiling. See Tex. R. App. P. 52.8(a).
Muzzy is subject to an order of civil commitment as a sexually violent predator. See In re Commitment of Muzzy, No. 09-13-00496-CV, 2014 WL 1778254, at *1 (Tex. App.-Beaumont, May 1, 2014, pet. denied) (mem. op.).
Muzzy failed to certify that he served a copy of the petition on the Respondent and the Real Party in Interest. See Tex. R. App. P. 9.5. We use Rule 2, however, to look beyond these deficiencies to reach an expeditious result. See Tex. R App. P. 2.
PETITION DENIED.