In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-14-00427-CV
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IN RE ROBERT N. SMITHBACK
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Original Proceeding
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MEMORANDUM OPINION
In a petition for writ of mandamus, Robert N. Smithback complains the trial
court has failed to act on his motions in a lawsuit he filed on July 1, 2014, against
two prison officials of the Allan B. Polunsky Unit in Polk County, Texas, and other
unidentified officials. Smithback states that in August 2014 he filed an affidavit
relating to previous filings and a motion to be bench warranted for a hearing.
Smithback complains that the 60th District Court has “failed to adjudicate the
documents[.]” Smithback failed to furnish an appendix or record sufficient to
support his claim for relief. See Tex. R. App. P. 52.3(k), 52.7. Moreover,
Smithback has not shown that the trial court failed to perform its ministerial duty
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to consider and rule on matters properly filed and pending before it within a
reasonable time. See In re Bishop, No. 12-05-00333-CV, 2005 WL 3147733, at *1
(Tex. App.—Tyler Nov. 23, 2005, orig. proceeding). We deny the petition for writ
of mandamus.
PETITION DENIED.
PER CURIAM
Submitted on October 15, 2014
Opinion Delivered October 16, 2014
Before McKeithen, C.J., Horton and Johnson, JJ.
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