in Re: Howard Holland

Opinion

DENY and Opinion Filed December 30, 2022

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-01361-CV

IN RE HOWARD HOLLAND, Relator

Original Proceeding from the 422nd Judicial District Court Kaufman County, Texas Trial Court Cause No. 29317D-422

MEMORANDUM OPINION Before Justices Schenck, Reichek, and Carlyle Opinion by Justice Schenck In his petition for writ of mandamus, relator asks us to compel the trial court

to rule on his writ of habeas corpus filed on May 26, 2022. We deny relief.

To obtain mandamus relief, relator must file a sufficient record establishing

his right to a writ of mandamus. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992)

(orig. proceeding). To create a sufficient record, rule 52.3(k) requires relator to file

an appendix that contains “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). Rule 52.7(a) requires relator to file “a certified or sworn copy of every

document that is material to the relator’s claim for relief that was filed in any

underlying proceeding.” TEX. R. APP. P. 52.7(a)(1). To qualify as sworn copies, relator must submit an affidavit or unsworn

declaration conforming to section 132.001 of the Texas Civil Practice and Remedies

Code. See TEX. CIV. PRAC. & REM. CODE ANN. § 132.001; In re Butler, 270 S.W.3d

757, 759 (Tex. App.—Dallas 2008, orig. proceeding). An inmate’s unsworn

declaration must state under penalty of perjury that the documents are true and

correct copies of the originals. See In re Hughes, 607 S.W.3d 136, 138 n.2 (Tex.

App.—Houston [14th Dist.] 2020, orig. proceeding).

In his unsworn declaration, relator states that he does “hereby certify that the

information contained herein as ‘Exhibit’ is a true and correct restatement of the

summary of the records filed and/or recorded in the following files . . . .” We

conclude that this language is insufficient to render the record sworn as required by

the Texas Rules of Appellate Procedure. Accordingly, we deny the petition for writ

of mandamus without prejudice. See TEX. R. APP. P. 52.8(a).

/David J. Schenck/ DAVID J. SCHENCK JUSTICE

221361F.P05

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