In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-14-00426-CV
IN RE R. WAYNE JOHNSON, RELATOR
ORIGINAL PROCEEDING
January 27, 2015
MEMORANDUM OPINION
Before CAMPBELL and HANCOCK and PIRTLE, JJ.
Relator R. Wayne Johnson is a prison inmate appearing pro se. In this original
proceeding, he asks that we issue a writ of mandamus against respondents the
Honorable Ana E. Estevez, judge of the 251st District Court of Potter County and the
Honorable Don Emerson, judge of the 320th District Court of Potter County. According
to relator, Judge Emerson has failed to hear and rule on a petition for writ of habeas
corpus relator filed and Judge Estevez has failed to appoint counsel for him in the
habeas corpus proceeding. Relator’s petition also includes a request that we hold
Judges Estevez and Emerson in contempt for failing to comply with an order of this
court.1 We will deny all relief requested by relator.
Relator’s petition does not comply with appellate rule 52.3. In this respect,
relator is well aware of the rule’s requirements. See, e.g., In re Johnson, No. 07-13-
00424-CV, 2014 Tex. App. LEXIS 3511 (Tex. App.—Amarillo Mar. 31, 2014, orig.
proceeding) (mem. op.); In re Johnson, No. 06-13-00137-CV, 2014 Tex. App. LEXIS 52
(Tex. App.—Texarkana Jan. 7, 2014, orig. proceeding) (mem. op.). For this reason
alone relator’s petition does not demonstrate his entitlement to mandamus relief. See
Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1990, orig. proceeding) (party seeking
mandamus relief has burden of providing court with sufficient record to establish right to
relief); In re Bibbs, 07-11-00393-CV, 2011 Tex. App. LEXIS 8192 (Tex. App.—Amarillo
Oct. 13, 2011, orig. proceeding) (denying petition for mandamus for noncompliance with
appellate rule 52.3).
All relief requested by relator is denied. Relator’s pending motion for
appointment of counsel to represent him here and in the underlying matter is also
denied.
James T. Campbell
Justice
1
Relator’s request for a contempt order has no merit. He misunderstands our
opinion dismissing his recent attempt to obtain habeas corpus relief in this court in a
criminal law matter. Ex parte Johnson, No. 07-14-00384-CR, 2014 Tex. App. LEXIS
11746 (Tex. App. Amarillo Oct. 27, 2014, orig. proceeding) (mem. op., not designated
for publication). There we did no more than dismiss his petition for want of jurisdiction.
We directed no action by either Judge Estevez or Judge Emerson.
2