IN THE

TENTH COURT OF APPEALS

No. 10-01-422-CV

IN RE SAMMIE McGILVERY

Original Proceeding

MEMORANDUM OPINION

      Sammie McGilvery filed a mandamus petition on December 19, 2001. We notified him by letter dated December 19 that the petition was defective because it did not contain proof of service as required by Rule of Appellate Procedure 9.5(d). See Tex. R. App. P. 9.5(d). We advised McGilvery that we would deny his petition if he did not serve the document as required by the appellate rules and provide proper proof of service within ten days. McGilvery has failed to comply. Accordingly, we deny the petition. Id. 52.8(a); In re State of Tex., 26 S.W.3d 759, 759 (Tex. App.—Waco 2000, orig. proceeding).

                                                                   PER CURIAM

Before Chief Justice Davis,

      Justice Vance, and

      Justice Gray

Writ denied

Opinion delivered and filed February 6, 2002

Do not publish

[CV06]