in Re Clyde E. Jerkins

Opinion issued May 17, 2007

















In The

Court of Appeals

For The

First District of Texas

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NO. 01-07-00394-CR

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IN RE CLYDE E. JERKINS, Relator




Original Proceeding on Petition for Writ of Mandamus




MEMORANDUM OPINION

Relator, Clyde E. Jerkins, filed a motion for leave to file and a petition for writ of mandamus. We deny both the motion and the petition for mandamus.

First, relator's petition does not meet the requirements of the Texas Rules of Appellate Procedure. For example, it does not include an appendix, and it does not certify that a copy was served on respondent. See Tex. R. App. P. 9.5, 52.3(j).

Moreover, relator has not provided us with a record that shows that he made any request of respondent to perform a nondiscretionary act that respondent refused. 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 Justices Nuchia, Hanks, and Bland.

Do not publish.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