in Re Boris Twain Clewis

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed July 7, 2011.

In The

Fourteenth Court of Appeals

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NO. 14-11-00556-CV

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IN RE BORIS TWAIN CLEWIS, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

125th District Court

Harris County, Texas

Trial Court Cause No. 2011-04962

M E M O R A N D U M   O P I N I O N

            On June 28, 2011, relator filed a petition for writ of mandamus in this court.  See Tex. Gov’t Code Ann. § 22.221 (Vernon 2004); see also Tex. R. App. P. 52.  Relator complains the Honorable Kyle Carter, presiding judge of the 125th District Court of Harris County, has no discretion to deny his plea in abatement. 

            The Rules of Appellate Procedure require that the appendix to a petition for writ of mandamus contain “a certified or sworn copy of any order complained of, or any other document showing the matter complained of[.]” Tex. R. App. P. 52.3(k)(1)(A). Relator failed to attach the trial court’s order denying his plea in abatement to his petition.  Accordingly, relator has not demonstrated that he is entitled to mandamus relief.  The petition for writ of mandamus is denied.

                                                                        PER CURIAM

Panel consists of Justices Anderson, Brown, and Christopher.