NO. 07-04-0307-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL B
JUNE 18, 2004
______________________________
IN RE: JAMES LEE SWEED, RELATOR
_______________________________
Before JOHNSON, C.J., and QUINN and CAMPBELL, JJ.
OPINION
Relator James W. Sweed seeks a writ of mandamus ordering respondent, the
Honorable Mackey Hancock, Judge of the 99th District Court of Lubbock County, to rule on
two motions allegedly pending in cause number 2003-522-601. We deny the petition.
Relator has filed a Petition for Writ of Mandamus in which he alleges that respondent
has failed to act on two motions pending in the referenced cause. We are requested to
order respondent to rule on the motions.
In support of the petition for writ of mandamus, relator has not attached any
documents evidencing the motions or relator’s alleged request that respondent rule on the
motions.
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 District 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).
Certified, sworn copies of motions and correspondence referenced in the petition are
not attached or furnished. 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
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