in Re Anthony W. Norman, Jr.

• Court: Court of Appeals of Texas
• Decided: September 23, 2010
• Docket: 01-10-00737-CV
• Status: Published

Opinion

Opinion issued September 23, 2010.

In The

Court of Appeals

For the

First District of Texas

____________

NO. 01-10-00737-CV

IN RE ANTHONY W. NORMAN, JR., Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Anthony W. Norman, Jr., filed a petition for a writ of mandamus seeking to compel Judge Dan Hinde of the 269th District Court of Harris County to sign an order granting expunction.^[1]

We deny the petition for a writ of mandamus.  The relator failed to include a copy of the petition for expunction or other motion seeking a ruling from the trial court.  See Tex. R. App. P. 52.3(k)(1)(A) (requiring petitioner to include “a certified or sworn copy of any order complained of, or any other document showing the matter complained of” in appendix to petition); see also In re Fox, 141 S.W.3d 795, 797 (Tex. App.—Amarillo 2004, orig. proceeding) (“[B]efore mandamus relief may issue, the petitioner must establish that the district court (1) had a legal duty to perform a non-discretionary act, (2) was asked to perform the act, and (3) failed or refused to do it.”).

PER CURIAM

Panel consists of Justices Keyes, Higley, and Bland.

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¹        The underlying lawsuit is Norman v. State, No. 2009-59663 (269th Dist. Ct., Harris County, Tex.), the Honorable Dan Hinde presiding.