in Re: Jose Heriberto Saldivar, Relator

MEMORANDUM OPINION No. 04-11-00732-CV IN RE Jose Heriberto SALDIVAR Original Proceeding 1 PER CURIAM Sitting: Catherine Stone, Chief Justice Karen Angelini, Justice Sandee Bryan Marion, Justice Delivered and Filed: October 26, 2011 PETITION FOR WRIT OF MANDAMUS DENIED WITHOUT PREJUDICE On October 7, 2011, relator filed a petition for writ of mandamus, complaining the trial court imposed conditions of bond that are currently preventing relator from being released. However, relator’s petition fails to satisfy the requirements of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 52. Relator’s petition fails to comply with numerous requirements outlined in 52.3(a)-(k) and 52.7(a). See TEX. R. APP. P. 52.3 (“[t]he petition must, under appropriate headings and in the order here indicated, contain” all of the items listed in 52.3 (a)-(k)); TEX. R. APP. P. 52.7(a) (Record). 1 This proceeding arises out of Cause No. 2011CVK001141-D3, styled State of Texas v. Jose Heriberto Saldivar, pending in the 341st Judicial District Court, Webb County, Texas, the Honorable Elma T. Salinas Ender presiding. 04-11-00732-CV Due to the deficiencies in the petition for writ of mandamus filed in this court, we are unable to determine whether the trial court erred. Accordingly, the petition for writ of mandamus is DENIED WITHOUT PREJUDICE. TEX. R. APP. P. 52.8(a). PER CURIAM -2-