In Re J. E. Pendleton v. the State of Texas
This text of In Re J. E. Pendleton v. the State of Texas (In Re J. E. Pendleton v. the State of Texas) is published on Counsel Stack Legal Research, covering Texas Court of Appeals, 3rd District (Austin) primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-26-00091-CV
In re J. E. Pendleton
ORIGINAL PROCEEDING FROM BASTROP COUNTY
MEMORANDUM OPINION
Relator has filed a petition for writ of mandamus to allow his “appearance in the
District Court by video conference or other electronic means” because he “is a U.S. citizen
seeking asylum in Canada” and “has no other way to access the Texas Courts.”
It is Relator’s burden to request and properly establish entitlement to
extraordinary relief, including by providing this Court with a sufficient record from which to
evaluate his claims. See Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992); In re Smith,
No. 03-14-00478-CV, 2014 WL 4079922, at *2 (Tex. App.—Austin Aug. 13, 2014, orig.
proceeding) (mem. op.) (denying mandamus relief when relator failed to provide sufficient
record); see also Tex. R. App. P. 52.7(a) (requiring relator to file record containing sworn
copies “of every document that is material to [his] claim for relief and that was filed in any
underlying proceeding”).
Here, Relator has not provided us with a sufficient record from which we may
evaluate the merits of his petition. On this record, we conclude that Relator has failed to show entitlement to relief. Accordingly, his petition for writ of mandamus is denied. 1 See Tex. R.
App. P. 52.8(a).
__________________________________________ Maggie Ellis, Justice
Before Justices Triana, Kelly, and Ellis
Filed: March 20, 2026
1 Relator also filed a motion for leave to file a petition for writ of mandamus. We dismiss this motion as moot.
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