in Re Michael Lynn Eaton

CASE KO. 12-15-00118-CR MICHAEL LYNN EATON, § IN THE 12TH COURT OF APPEALS SRelator § § v. § OF THE STATE OF TEXAS 115TH DISTRICT COURT OF UPSHUR COUNTY, § § ^TlId1nccurt of appSls I CAROLYN PARROTT, DISTRICT CLERK, § DEANNA DRENNAN, COURT REPORTER, § Respondents § MOTION REQUESTING ACTION ON PETIT COMES NOW, Michael Lynn Eaton, Relator, who respectfully requests Honorable 12TH Court of Appeals take action on his Petition titled "Application For Writ of Mandamus" and GRANT to Relator all relief requested in same. In support of this Motion Relator would show the following: On May 6, 2015, Relator filed a Petition for Writ of Mandamus in the 12th Court of Appeals in Tyler Texas. On June 17, 2015, The 12th Court of Appeals requested that Respondent(s) and/or any real party in interest respond to Relator's Petition and deliver such response to that Court on or before June 29, 2015. As of August 10, 2015, No response or answer has been filed or delivered to the 12th Court of Appeals or to this Relator. Consistent with the Texas Rules of Appellate Procedure, TRAP Rule 52.4, This Court has properly complied with specifically TRAP 52.4 and requested a response from the Respondents. Therefore, Relator moves this Honorable Court for Action on his Petition pursuant to TRAP 52.8(c) and that ALL relief requested in his Petition be GRANTED. Relator respectfully requests that this Court make an appropriate ORDER for same. ORIGINAL RELIEF REQUESTED "...Copies of Relators Records relating to his conviction in Cause no. 15074, along with a copy of the Transcript of the Plea Hearing in this cause of action..." PRAYER AND RELIEF REQUESTED WHEREFORE PREMESIS CONSIDERED, Relator, Michael Lynn Eaton PRAYS that this Court will GRANT to him ALL relief originally requested and ORDER Respondents to make copies of ALL of the documents and records in their possession relating to his conviction in Cause No. 15074 including a copy of the Transcript of the Plea Hearing in this cause of action. Relator further PRAYS that this Court ORDER that the costs for such copies be bourn by the Respondents. Respectfully submitted, on this the \Q day of Hu(aI'a4" ,2015. J^ZcZ Michael tynn/Eaton, Relator 1652213 Beto Unit 1391 FM 3328 Tennessee Colony, Tx. 75880 (903) 928-2217 page 1 of 2 UNSWORN DECLARATION I, Michael Lynn Eaton, do hereby swear under the penalty of perjury that the statements and facts contained in my "Motion requesting Action on PETITION" are true and correct. And that I file said Motion not for purposes of delay , nor to prejudice the parties, or to increase the costs of this litigation, but so that justice can be obtained. Sworn adn signed on this the \Q day of JWL_,2015. Jl/[L(/._^tr. Michael Lynri- Eaton CERTIFICATE OF SERVICE I, Micahel Lynn Eaton do hereby certify that I placed the aforementioned "Motion requesting Action on Petition" in a proper wrapper , did afix sufficient pre-paid U.S. first Class postage to same, and did address same to the parties listed herein below and placed same into the available mailing syjQem /or such mail. Certifeid on this the (Qday of f^UOft&U /2015. ft4/' Michael Lynn Eaton, Relator 1652213 Beto Unit 1391 FM 3328 SENT TO: Tennessee Colony, Tx. 75880 (9030 928-2217 CATHY S. LUSK, CLERK TWELFTH COURT OF APPEALS SUITE 354 1517 W. FRONT STREET, TYLER, TEXAS 75702 CAROLYN PARROTT, DISTRICT CLERK AND DEANNA DRENNAN, COURT REPORTER 115TH JUDICIAL DISTRICT COURT OF UPSHUR COUNTY 405 E. TITUS STREET PO BOX 1052 GILMER, TEXAS 75644-1052 UPSHUR COUNTY DISTRICT ATTORNEYS OFFICE, 115TH JUDICIAL DISTRICT COURT 405 E. TITUS STREET GILMER, TEXAS 75644-1052 cc: file page 'I of 2.