in Re Joe Lee Simmons

Opinion issued May 17, 2007



















In The

Court of Appeals

For The

First District of Texas

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NO. 01-06-01040-CR

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IN RE JOE LEE SIMMONS, Relator




Original Proceeding on Petition for Writ of Mandamus




MEMORANDUM OPINION

Relator, Joe Lee Simmons, has filed a pro se petition for writ of mandamus complaining that motions that he filed in the trial court have not been ruled on by the Respondent. (1) We deny the petition for mandamus.

Relator's petition does not meet the requirements of the Texas Rules of Appellate Procedure. For example, it does not include an appendix or certified copies of every document material to relator's claim for relief filed in the underlying proceeding. See Tex. R. App. P. 9.5, 52.3(j).

Pro se applications are reviewed with less stringent standards than formal pleadings drafted by lawyers. However, even a pro se applicant for a writ of mandamus must show himself entitled to relief. Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.--Houston [1st Dist.] 1992, orig. proceeding).

The petition for writ of mandamus is denied.

It is so ORDERED.

PER CURIAM



Panel consists of Chief Justice, Radack, and Justices Keyes and Higley.

Do not publish. Tex. R. App. P. 47.2(b).

1. Honorable Michael McSpadden, Judge, 209th District Court.