in Re: Mauricio Celis

• Court: Court of Appeals of Texas
• Decided: July 24, 2009
• Docket: 13-09-00427-CR
• Status: Published

Opinion

NUMBER 13-09-00427-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

IN RE MAURICIO CELIS

On Petition for Writ of Mandamus

and/or Writ of Prohibition.

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Garza and Vela

Per Curiam Memorandum Opinion ⁽¹⁾

Relator, Mauricio Celis, filed an "Emergency Application for Leave to File an Original Petition for Writ of Mandamus and/or Writ of Prohibition and Original Petition for Writ of Mandamus and/or Writ of Prohibition and Motion for Temporary Relief" ⁽²⁾

in the above cause on July 24, 2009, complaining that the respondent, the Honorable Louis Sturns, abused his discretion in granting a motion to recuse the Honorable J. Manuel Bañales from presiding over two of relator's cases.

Mandamus relief may be granted if the relator shows that: (1) the act sought to be compelled is purely ministerial; and (2) there is no adequate remedy at law. See Deleon v. Dist. Clerk, 187 S.W.3d 473, 474 (Tex. Crim. App. 2006) (orig. proceeding). The relator must have a "clear right" to the relief sought and the merits of the relief sought must be "beyond dispute." See id. "The requirement of a clear legal right necessitates that the law plainly describes the duty to be performed such that there is no room for the exercise of discretion." See id.

The Court, having examined and fully considered the petition for writ of mandamus and/or writ of prohibition, is of the opinion that relator has not shown himself entitled to the relief sought. See Tex. R. Civ. P. 18a(f); De Leon v. Aguilar, 127 S.W.3d 1, 5 (Tex. Crim. App. 2004); In re Lutz, 164 S.W.3d 721, 723-724 (Tex. App.-El Paso 2005, orig. proceeding); Dist. Judges of Collin County v. Comm'rs Court of Collin County, 677 S.W.2d 743, 745 (Tex. App.-Dallas 1984, writ ref'd n.r.e.); see also Metzger v. Sebek, 892 S.W.2d 20, 49 (Tex. App.-Houston [1st Dist] 1994, writ denied). Accordingly, the petition for writ of mandamus and/or writ of prohibition, and motion for temporary relief, are DENIED. See Tex. R. App. P. 52.8(a).

PER CURIAM

Do not publish. See Tex. R. App. P. 47.2(b).

Memorandum Opinion delivered and filed

this 24th day of July, 2009.

1.

See Tex. R. App. P. 52.8(d) ("When denying relief, the court may hand down an opinion but is not required to do so."); Tex. R. App. P. 47.4 (distinguishing opinions and memorandum opinions).

2. We dismiss relator's application for leave to file the petition for writ of mandamus and/or writ of prohibition as moot. The Texas Rules of Appellate Procedure no longer require the relator to file a motion or application for leave in an original proceeding. See generally Tex. R. App. P. 52, cmt. to 1997 revision.