in Re: Alvin Charles Duncan

• Court: Court of Appeals of Texas
• Decided: July 3, 2002
• Docket: 01-02-00564-CV
• Status: Published

Opinion

Opinion issued July 3, 2002

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-02-00564-CV

IN RE ALVIN CHARLES DUNCAN, Relator

Original Proceeding on Petition for Writ of Mandamus

O P I N I O N

Relator, Alvin Charles Duncan, has filed a petition for writ of mandamus complaining that Judge Hancock ⁽¹⁾ denied his request for additional time access to the county jail law library. It appears from the petition that relator seeks to bring or has brought a civil legal malpractice action. Relator claims that he presently is allowed one hour per week in the library and that he sought five extra hours per week.

In a mandamus proceeding, the relator has the burden to establish that under the circumstances of the case, the law and the facts permit the trial could to make only one decision. Johnson v. Fourth Court of Appeals, 700 S.W.2d 916, 917 (Tex. 1985). Relator has not done so here. He has provided us with no record of the documents he filed in the trial court for Judge Hancock's consideration. See Tex. R. App. P. 52.3(j)(1)(A), 52.3(j)(2). There is nothing for us to review, except relator's bare assertions that his right to petition to the court and effectively litigate his lawsuit claims have been interfered with by Judge Hancock.

We deny the petition for writ of mandamus.

PER CURIAM

Panel consists of Chief Justice Schneider and Justices Nuchia and Radack.

Do not publish. Tex. R. App. P. 47.

1.

The Honorable Patricia Hancock, judge of the 113th District Court of Harris County, Texas.