Petition for Writ of Mandamus Denied and Memorandum Opinion filed October 7, 2008.
In The
Fourteenth Court of Appeals
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NO. 14-08-00884-CV
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IN RE BILLY HOLMES a/k/a BILLY RICHARDS, Relator
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
M E M O R A N D U M O P I N I O N
On September 26, 2008, relator, Billy Holmes a/k/a Billy Richards, 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 the petition, relator asks this court to compel the Honorable Jim Wallace, presiding judge of the 263rd District Court of Harris County, to file his petition for writ of mandamus in which the Texas Board of Pardons and Paroles is named as the respondent.
Relator has the burden of providing this court with a sufficient record to establish his right to mandamus relief. Walker v. Price, 827 S.W.2d 833, 827 (Tex. 1992). Relator has not provided this court with a sworn or certified record. See Tex. R. App. P. 52.7(a) (requiring certified or sworn copy of every document material to the claim for relief).
Moreover, relator has not filed an affidavit of indigence with his petition as required under Rule 20.1 of the Texas Rules of Appellate Procedure. See Tex. R. App. P. 20.1 (providing party may proceed without advance payment if he files an affidavit of indigence); In re Grable, No. 14-04-00779-CV, 2004 WL 1946 136, at *1 (Tex. App.CHouston [14th Dist.] Sept. 2, 2003, orig. proceeding) (mem. op.) (AWe are not required to rule on matters unless a filing fee has been paid or a proper affidavit of indigence has been filed.@).
Relator has not established his entitlement to the extraordinary relief of a writ of mandamus. Accordingly, we deny relator=s petition for writ of mandamus.
PER CURIAM
Petition Denied and Memorandum Opinion filed October 7, 2008.
Panel consists of Justices Yates, Seymore, and Boyce.