NUMBER 13-03-736-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
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IN RE: CALVIN WAYNE COPELAND
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On Petition for Writ of Mandamus __________________________________________________________________
MEMORANDUM OPINION
Before Justices Hinojosa, Yanez, and Castillo
Opinion Per Curiam
Relator Calvin Wayne Copeland filed a petition for writ of mandamus requesting that his trial court civil action be removed to this Court because: (1) the district clerk did not send him a copy of the complaint he filed in the case below; (2) real parties in interest, Ernest Guajardo and E-Z Bonding, have not filed answers to discovery requests; (3) the trial court passed his motions for default judgment and summary judgment due to his incarceration; (4) the trial court did not grant his two requests for a bench warrant; (5) he has reason to believe and does believe that the case will be dismissed if not litigated in six months since the case is not set until the tenth month of the year; (6) he is concerned about “unlawful actions and manipulating” in the case; and (7) he is being denied the use of the court. We requested a response from real parties in interest. In the response, real parties in interest assert that relator has filed discovery and a motion for summary judgment with the Victoria County district clerk but deny he has effected service of either.
Mandamus relief is appropriate only to correct a clear abuse of discretion or the violation of a duty imposed by law and there is no adequate appellate remedy. CSR Ltd. v. Link, 925 S.W.2d 591, 596 (Tex. 1996) (orig. proceeding); Walker v. Packer, 827 S.W.2d 833, 839 (Tex. 1992) (orig. proceeding). Relator has not shown that the trial court has clearly abused its discretion and that there is no adequate remedy by appeal. Accordingly, we deny the petition for writ of mandamus.
PER CURIAM
Opinion delivered and filed
this 4th day of March, 2004.