in Re: Jose Ramirez

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

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§ IN RE: JOSE RAMIREZ, No. 08-09-00318-CV § AN ORIGINAL PROCEEDING Relator. § IN MANDAMUS §

MEMORANDUM OPINION ON PETITION FOR WRIT OF MANDAMUS

Relator, Jose Ramirez, asks this Court to issue a writ of mandamus against the Honorable

Kathleen H. Olivares, Judge of the 205th District Court of El Paso County. To be entitled to

mandamus relief, a relator must meet two requirements. First, the relator must show that the trial

court clearly abused its discretion. In re Prudential Insurance Company of America, 148 S.W.3d

124, 135 (Tex. 2004). Second, the relator must demonstrate he has no adequate remedy by appeal.

Id. at 136. Based on the record before us, we are unable to conclude that Relator is entitled to

mandamus relief. Accordingly, we deny the relief requested in his mandamus petition. See

TEX .R.APP .P. 52.8(a).

January 27, 2010 ANN CRAWFORD McCLURE, Justice

Before Chew, C.J., McClure, and Rivera, JJ.