In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-08-466 CV
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IN RE PATRICIA ANN POWERS
Patricia Ann Powers filed a petition for writ of mandamus in which she complains that she has not obtained a response to a motion for discovery she filed in a civil suit brought against the district attorney and the trial judge who presided over a 2001 misdemeanor prosecution that resulted in her conviction. Powers states that she "wishes to be heard and to offer evidence and testimony that will exonerate the plaintiff from all charges beginning in 2001 to the present day."
Powers notes that her civil case has been designated for electronic filing of documents. She also suggests that the trial court clerk indicated she would have to pay for paper copies. Notably, Powers does not say that she raised a complaint with the trial court that the district clerk had denied her access to electronically filed documents. See Montgomery County (Tex.) Loc. R. Electronic Filing & Serv. of Pleadings ("The District Clerk's office shall make available, without charge and during normal business hours, to members of the general public at least one computer screen capable of searching and reviewing documents filed of public record in the assigned cases. The District Clerk shall make copies of any publicly filed documents available on EFILE.") Powers has not explained to this Court how the trial court has prevented her from pursuing her civil case.
To obtain mandamus relief, a relator must show both that the trial court clearly abused its discretion and that the relator has no adequate remedy by appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004). The relator has not established that the trial court abused its discretion. Accordingly, the petition for writ of mandamus is denied.
PETITION DENIED.
PER CURIAM
Opinion Delivered November 20, 2008
Before McKeithen, C.J., Gaultney and Horton, JJ.