in Re: Jose Ramirez

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § § IN RE: JOSE RAMIREZ, No. 08-09-00318-CV § AN ORIGINAL PROCEEDING Relator. § IN MANDAMUS § § MEMORANDUM OPINION ON PETITION FOR WRIT OF MANDAMUS Relator, Jose Ramirez, asks this Court to issue a writ of mandamus against the Honorable Kathleen H. Olivares, Judge of the 205th District Court of El Paso County. To be entitled to mandamus relief, a relator must meet two requirements. First, the relator must show that the trial court clearly abused its discretion. In re Prudential Insurance Company of America, 148 S.W.3d 124, 135 (Tex. 2004). Second, the relator must demonstrate he has no adequate remedy by appeal. Id. at 136. Based on the record before us, we are unable to conclude that Relator is entitled to mandamus relief. Accordingly, we deny the relief requested in his mandamus petition. See TEX .R.APP .P. 52.8(a). January 27, 2010 ANN CRAWFORD McCLURE, Justice Before Chew, C.J., McClure, and Rivera, JJ.