in Re: Jonathan Bradford Williams

Opinion issued May 1, 2003





















In The

Court of Appeals

For The

First District of Texas

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NO. 01-03-00410-CV

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IN RE JONATHAN BRADFORD WILLIAMS, Relator




Original Proceeding on Application for Writ of Prohibition




MEMORANDUM OPINION

Relator, Jonathan Bradford Williams, filed a pro se application for writ of prohibition, requesting that this Court compel respondent (1) to rule on his pretrial motions and petition for writ of habeas corpus in cause numbers 925970, 925971, and 934869 in which felony charges against him are pending.

The application must be denied because it does not include a certificate of service reflecting that respondent was served, as required by the Texas Rules of Appellate Procedure. See Tex. R. App. P. 9.5.

Even if the application met this requirement, it would nevertheless be denied because a writ of prohibition is used to prevent a trial court from committing an act in the future. Amanda v. Montgomery, 877 S.W.2d 482, 485 n.2 (Tex. App.--Houston [1st Dist.] 1994, no writ). Relator is not seeking in his application to prevent or prohibit any future action of the trial court, but is instead requesting that we direct the trial court to act. A writ of prohibition is therefore not the appropriate vehicle for the relief relator seeks.

Accordingly, the application for writ of prohibition is denied.

PER CURIAM



Panel consists of Chief Justice Radack, and Justices Nuchia and Hanks.

1.

Respondent is the Honorable Joan Huffman, Judge, 183rd District Court, Harris County.