Opinion
No. 06-08-00020-CV
Date Submitted: February 14, 2008.
Date Decided: February 15, 2008.
Original Mandamus Proceeding.
Before MORRISS, C.J., CARTER and MOSELEY, JJ.
MEMORANDUM OPINION
Kim Wayne Burden petitions this Court, in his Third Petition for Writ of Mandamus, to compel the Honorable William Porter, Judge of the 276th Judicial District, to rule on his Motion for Expungement of Records and to "SHOW FINDING[S] OF FACTS [SIC] AND CONCLUSIONS OF LAW."
Burden asserts that this Court "has been given fully the evidence it needs" to rule on his petition; Burden asserts that this Court knows what is being requested. Burden references, but does not attach, an affidavit certifying service of an underlying document and directs us, should we find that insufficient, to independently request mailroom records from the penal institution from which he sent the document. Burden asks us to consider his prior petitions for writ of mandamus, but does not attach them. Burden also references a court document attached to a prior petition, but does not re-attach it. In sum, Burden has included no record or appendix. See, e.g., TEX. R. APP. P. 52.3(j)(1) (necessary contents of appendix), 52.7(a) (record required to be filed). Moreover, no factual statement in Burden's current petition is verified. See TEX. R. APP. P. 52.3.
It is the relator's burden to provide this Court with a sufficient record to establish his right to mandamus relief. Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992); In re Pilgrim's Pride Corp., 187 S.W.3d 197, 198-99 (Tex.App.-Texarkana 2006, orig. proceeding); see TEX. R. APP. P. 52.3. Burden has provided this Court with no copies of any document that shows he is entitled to the requested relief. See TEX. R. APP. P. 52.3(j). On the record presented, we cannot say that Burden has established his right to mandamus to compel the trial court to hear his motion or to show findings of fact and conclusions of law.
Accordingly, we deny Burden's petition for writ of mandamus. See TEX. R. APP. P. 52.8(a).