in Re: Alvin Charles Duncan

Petition for Writ of Mandamus Denied and Memorandum Opinion filed December 2, 2004

Petition for Writ of Mandamus Denied and Memorandum Opinion filed December 2, 2004.

 

In The

 

Fourteenth Court of Appeals

____________

 

NO. 14-04-01134-CV

____________

 

IN RE ALVIN CHARLES DUNCAN, Relator

 

 

 

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

 

 

M E M O R A N D U M   O P I N I O N

On November 23, 2004, relator filed a petition for writ of mandamus in this Court.  See Tex. Gov=t. Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52.  In his petition, relator seeks to have this court compel the Honorable Lamar McCorkle, presiding judge of the 133rd District Court, to rule on relator=s pending motions to appoint counsel to represent relator, compel production of discovery and for sanctions in cause number 2003-45152. 

Relator previously filed a petition for writ of mandamus requesting the same relief.  This court denied the petition because relator failed to demonstrate that his motions were properly filed and presented to the trial court for ruling.  In re Duncan, No. 14-04-00434-CV, (Tex. App.CHouston [14th Dist.] May 27, 2004, orig. proceeding) (citing In re Bates, 65 S.W.2d 133, 135 (Tex. App.CAmarillo 2001, orig. proceeding)). 


While relator has provided file-stamped copies of some of the documents he asserts he filed, he still has not established that he is entitled to mandamus relief.  See Walker v. Packer, 827, S.W.2d 833, 837 (1992). 

Accordingly, we deny relator=s petition for writ of mandamus.

 

PER CURIAM

 

Petition Denied and Memorandum Opinion filed December 2, 2004.

Panel consists of Chief Justice Hedges and Justices Fowler and Seymore.