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.