in Re Melony A. Malone

Opinion

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER ON MOTION

Cause number: 01-13-00686-CV Style: In re Melony A. Malone

Date motion filed: August 12, 2013 Type of motion: Motion for Temporary Emergency Relief Party filing motion: Relator Document to be filed:

Ordered that motion is:

 Granted If document is to be filed, document due: ____________________________________

 The Clerk is instructed to file the document as of the date of this order  Absent extraordinary circumstances, the Court will not grant additional motions to extend time

 Denied

 Dismissed (e.g., want of jurisdiction, moot)

Relator’s “Motion for Temporary, Emergency Relief” is denied. The motion contains no certificate of compliance as required by Tex. R. App. P. 52.10(a); instead it contains only a certificate of service indicating service by “certified mail, return receipt requested.” Moreover, the motion does not seek temporary relief as contemplated by the rule; it asks for the full measure of relief requested by the mandamus petition itself. Accordingly, Relator’s motion is DENIED.

Judge's signature: /s/ Michael Massengale_______________________________________  Acting individually

Panel consists of .

Date: August 13, 2013

* Absent emergency or a statement that the motion is unopposed, must wait ten days before acting on motion except for motion to extend time to file a brief. See TEX. R. APP. P. 10.3(a). Note: Single justice may grant or deny any request for relief properly sought by motion, except in a civil case a single justice should not: (1) act on a petition for an extraordinary writ or (2) dismiss or otherwise determine an appeal or a motion for rehearing. TEX. R. APP. P. 10.4(a).