IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
JULY 18, 2003
______________________________
IN RE BENJAMIN V. WRIGHT, RELATOR
_________________________________
Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ.
MEMORANDUM OPINIONRelator Benjamin V. Wright seeks a writ of mandamus ordering the County of Lubbock to respond to a nunc pro tunc order. We deny the petition.
On July 16, 2003, Relator filed with the clerk of this court a pleading entitled Application for Writ of Mandamus. The pleading alleges that the County of Lubbock has failed to "act as requested by the Relator. . . because the Relator [sic] failed to respond to a Nunc Pro Tunc order asking to correct a time credit dispute." We are requested to issue a writ of mandamus directing Lubbock County to reply to the Nunc Pro Tunc order.
In support of the petition for writ of mandamus, relator did not attach any document or record of proceedings. When petition for writ of mandamus is made, it is the relator's burden to show entitlement to the relief being requested. See generally Johnson v. Fourth Court of Appeals, 700 S.W.2d 916, 917 (Tex. 1985) (orig. proceeding). Relator must file with the petition a certified sworn copy of every document that is material to relator's claim for relief and that was filed in any underlying proceeding, and a properly authenticated transcript of any relevant testimony from any underlying proceeding including any exhibits offered in evidence or a statement that no testimony was adduced in connection with the matter complained of. Tex. R. App. P. 52.7(a).
Relator's petition contains only allegations. Certified, sworn copies of the order and correspondence referenced in the petition are not attached or furnished, nor is any other document or transcript. Relator has not presented a record which shows entitlement to the relief sought, or upon which we are authorized to act.
The petition for writ of mandamus is denied.
Phil Johnson
Chief Justice
what orders, if any, should be entered to assure the filing of appropriate notices and documentation to dismiss appellant's appeal if appellant does not desire to prosecute this appeal, or, if appellant desires to prosecute this appeal, to assure that the clerk's record will be promptly filed and that the appeal will be diligently pursued.
The trial court is directed to: (1) conduct any necessary hearings; (2) make and file appropriate findings of fact, conclusions of law and recommendations, and cause them to be included in a clerk's record on remand; (3) cause the hearing proceedings to be transcribed and included in a reporter's record; and (4) have a record of the proceedings made to the extent any of the proceedings are not included in the clerk's record or the reporter's record. In the absence of a request for extension of time from the trial court, the clerk's record on remand, reporter's record of the hearing and proceedings pursuant to this order, and any additional proceeding records, including any orders, findings, conclusions and recommendations, are to be sent so as to be received by the clerk of this court not later than June 16, 2003.
Per Curiam
Do not publish.