Opinion issued August 17, 2006
In The
Court of Appeals
For The
First District of Texas
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NO. 01-06-00592-CR
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IN RE DAMON HAWKINS, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Damon Hawkins, has filed a pro se petition for writ of mandamus naming the Court of Criminal Appeals as Respondent. Relator asserts that he previously filed a post conviction writ of habeas corpus with the Court of Criminal Appeals, and he requests that we order the Court of Criminal Appeals to respond to his writ of habeas corpus.
We do not have jurisdiction to order a higher court to perform a nondiscretionary act; (2) the relator must make a demand for performance; and (3) the subject court must refuse that request. See Tex. R. App. P. 52.3(d), (j)(1)(A). We deny the petition for writ of mandamus.
PER CURIAM
Panel consists of Justices Jennings, Hanks, and Higley.
Do not publish. Tex. R. App. P. 47.2(b).