COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
IN RE: ANTONIO SEPEDA |
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No. 08-04-00334-CV AN ORIGINAL PROCEEDING IN MANDAMUS |
MEMORANDUM OPINION
Relator Antonio Sepeda has filed a petition for writ of mandamus, seeking to compel the trial court to rule on a motion. Sepeda claims that he sent the trial court a motion, a self-addressed stamped envelope, and a cover letter, asking the district clerk to return a file-stamped copy of the motion to him. He has received no response from the clerk or the court. Attached to the petition are copies of the motion and cover letter, as well as a document purporting to be from the prison librarian, stating that a letter from Sepeda to the district clerk was sent on September 1, 2004. Sepeda certified under penalty of perjury that all of the statements in his petition and the documents attached to the petition are true and correct.
Based on Sepeda’s petition and attachments, we ordered the trial court to file a written status report, documenting the status of any motions it has received from Sepeda. In compliance with our order, the trial court has informed this Court that nothing has been filed by Sepeda since April 10, 2003. In light of the trial court’s response, the petition for writ of mandamus is denied.
SUSAN LARSEN, Justice
December 30, 2004
Before Panel No. 3
Barajas, C.J., Larsen, and Chew, JJ.