Opinion issued September 30, 2004
In The
Court of Appeals
For The
First District of Texas
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NO. 01-04-00909-CR
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IN RE SAMUEL ROY JACKSON, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Samuel Roy Jackson, requests that this Court compel respondent to: (1) rule on his pro se petition for writ of habeas corpus, and (2) reduce the amount of his pre-trial bond in cause number 952420, pending in the trial court. We deny the petition.
A writ of mandamus will issue to correct a clear abuse of discretion or the violation of a duty imposed by law when there is no adequate remedy at law. Canadian Helicopters Ltd. v. Wittig, 876 S.W.2d 304, 305 (Tex. 1994) (orig. proceeding). If the respondent trial court has a legal duty to perform a nondiscretionary act, the relator must make a demand for performance that the respondent refuses. Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.—Houston [1st Dist.] 1992, orig. proceeding). The relator must also provide this Court with a sufficient record to establish his right to mandamus relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992).
Relator has not provided us with a record that shows he filed anything in the trial court, or otherwise requested relief from respondent. See Tex. R. App. P. 52.3(j).
In addition, the petition does not meet the requirements of the Texas Rules of Appellate Procedure in that it does not certify that a copy was served on respondent. See Tex. R. App. P. 9.5.
The petition for writ of mandamus is denied.
It is so ORDERED.
PER CURIAM
Panel consists of Justices Nuchia, Hanks, and Higley.
Do not publish. Tex. R. App. P. 47.2(b).