in Re Lionel Newman

Petition for Writ of Mandamus Denied and Memorandum Opinion filed July 24, 2008

 

Petition for Writ of Mandamus Denied and Memorandum Opinion filed July 24, 2008.

 

In The

 

Fourteenth Court of Appeals

____________

 

NO. 14-08-00645-CV

____________

 

IN RE LIONEL NEWMAN, Relator

 

 

 

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

 

 

M E M O R A N D U M   O P I N I O N

On July 17, 2008, relator, Lionel Newman, 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 Clerk of the 230th District Court of Harris County to forward his notice of appeal from the trial court=s denial of his motion for DNA testing to the appropriate court of appeals. 


Relator has not filed an affidavit of indigence with his petition as required by Rule 20.1 of the Texas Rules of Appellate Procedure.  Tex. R. App. P. 20.1.  The court of appeals is not required to rule on matters unless a filing fee has been paid or a proper affidavit of indigence has been filed.  In re Grable, No. 14-04-00779-CV, 2004 WL 1946136, at *1 (Tex. App.CHouston [14th Dist.] Sept. 2, 2004, orig. proceeding) (mem. op.).  Moreover, relator has not provided this court with a sworn or certified record.  Tex. R. App. 52.7(a).

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 July 24, 2008.

Panel consists of Justices Yates, Anderson, and Brown.