Opinion issued July 17, 2003
In The
Court of Appeals
For The
First District of Texas
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NO. 01-03-00713-CV
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IN RE TODD ALTSCHUL, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator requests that this Court compel respondent, the Honorable Allen Stilley, (1) to rule on his pro se petition for writ of habeas corpus. We deny the petition.
First, the petition does not comply with the Texas Rules of Appellate Procedure. See Tex. R. App. P. 52.
In addition, there are three prerequisites for the issuance of a writ of mandamus by an appellate court, namely: (1) the lower court must have a legal duty to perform a nondiscretionary act; (2) the relator must make a demand for performance; and (3) the subject court must refuse that request. Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.--Houston [1st Dist.] 1992, orig. proceeding). Relator has not provided us with a record that shows that he made any request of the respondent to perform a nondiscretionary act that respondent refused.
The petition for writ of mandamus is therefore denied.
It is so ORDERED.
PER CURIAM
Panel consists of Chief Justice Radack, and Justices Alcala and Higley.
1.