in Re Leon Dale Vessell-Ball

• Court: Court of Appeals of Texas
• Decided: September 13, 2007
• Docket: 09-07-00348-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

____________________

NO. 09-07-348 CV

IN RE LEON DALE VESSELL-BALL

Original Proceeding

MEMORANDUM OPINION

Leon Dale Vessell-Ball seeks mandamus relief to compel the trial court to rule upon his motion for judgment nunc pro tunc. See Ex parte Ybarra, 149 S.W.3d 147, 148-49 (Tex. Crim. App. 2004). On July 18, 2007, we notified the relator that his petition did not comply with appellate rules governing service of original proceedings on the respondent and real party in interest. See Tex. R. App. P. 9.5(e), 52.2. We also notified the relator that he must either pay the filing fee or establish his inability to pay. See Tex. R. App. P. 20.1. We provided an extension of time. The relator neither filed a declaration of inability to pay costs in this proceeding nor certified that he mailed a copy of the petition to the respondent and the real party in interest.

The relator has not shown that he is entitled to mandamus relief from this Court. See In re Lewis, No. 07-04-432-CV, 2004 WL 2074306, at *1 (Tex. App.--Amarillo, Sep. 17, 2004, orig. proceeding [mand. denied]); In re Hensler, 27 S.W.3d 719, 720 (Tex. App.--Waco 2000, orig. proceeding). Accordingly, we deny relief on the petition for writ of mandamus.

PETITION DENIED.

PER CURIAM

Opinion Delivered September 13, 2007

Before Gaultney, Kreger, and Horton, JJ.