NUMBER 13-11-00499-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE DANIEL RODRIGUEZ
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Rodriguez and Garza
Memorandum Opinion Per Curiam1
Relator, Daniel Rodriguez, filed a pro se petition for writ of mandamus in the
above cause on July 29, 2011.2 Relator contends that the trial court erred in failing to
either issue a writ of habeas corpus or explain its reasons for denying the writ. The
1
See TEX. R. APP. P. 52.8(d) (“When denying relief, the court may hand down an opinion but is
not required to do so.”); TEX. R. APP. P. 47.4 (distinguishing opinions and memorandum opinions).
2
Relator also filed a “Motion for Leave to File . . . an Original Petition for a Writ of Mandamus.”
Relator's motion for leave to file his petition for writ of mandamus is dismissed as moot. The Texas Rules
of Appellate Procedure no longer require the relator to file a motion for leave to file an original proceeding.
See generally TEX. R. APP. P. 52 & cmt.
court requested and received a response to the petition for writ of mandamus from the
State of Texas.
To be entitled to mandamus relief, relator must establish both that he has no
adequate remedy at law to redress his alleged harm, and that what he seeks to compel
is a ministerial act not involving a discretionary or judicial decision. State ex rel. Young
v. Sixth Judicial Dist. Court of Appeals at Texarkana, 236 S.W.3d 207, 210 (Tex. Crim.
App. 2007). If relator fails to meet both of these requirements, then the petition for writ
of mandamus should be denied. See id. It is relator’s burden to properly request and
show entitlement to mandamus relief. Barnes v. State, 832 S.W.2d 424, 426 (Tex.
App.—Houston [1st Dist.] 1992, orig. proceeding) (“Even a pro se applicant for a writ of
mandamus must show himself entitled to the extraordinary relief he seeks.”).
The Court, having examined and fully considered the petition for writ of
mandamus and the response thereto, is of the opinion that relator has not met his
burden to obtain mandamus relief. See State ex rel. Young, 236 S.W.3d at 210.
Accordingly, relator’s petition for writ of mandamus is denied. See TEX. R. APP. P.
52.8(a).
PER CURIAM
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed the
26th day of August, 2011.
2