Opinion issued July 17, 2003
In The
Court of Appeals
For The
First District of Texas
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NO. 01-03-00663-CV
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IN RE CESAR GONZALEZ, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Cesar Gonzalez, filed a pro se petition for writ of mandamus requesting that this Court compel respondent, the Honorable Bob May, (1) to consider and hear his application for writ of habeas corpus. We deny the petition.
First, relator's petition does not comply with the Texas Rules of Appellate Procedure. See Tex. R. App. P. 52.
Second, before an appellate court may issue a writ of mandamus, there are three prerequisites that must be met, 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 Justices Taft, Jennings, and Hanks.
1.