Opinion issued May 13, 2003

In The

Court of Appeals

For the

First District of Texas

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NO. 01-03-00470-CV

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IN RE REMI FAGBEMI, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION Relator Remi Fagbemi has filed a petition for a writ of mandamus complaining of Judge Cagle's ⁽¹⁾ disapproval of Fagbemi's pauper's affidavit in connection with her appeal of the justice court's forcible-entry-and-detainer judgment awarding possession to the real parties in interest, Tsong-Dar Vincent Lin and Yu-Juin Julie Lin. Fagbemi has also filed a motions for (1) leave to file her petition for a writ of mandamus and (2) temporary relief.

Fagbemi's petition does not contain an appendix as required by Texas Rule of Appellate Procedure 52.3(j). At a minimum, the appendix should contain a certified or sworn copy of Fagbemi's pauper's affidavit filed in the justice court pursuant to Texas Rule of Civil Procedure 749a. In addition, Fagbemi's petition does not discuss the justice court's ruling on her pauper's affidavit.

We deny the petition for a writ of mandamus and the motions for leave to file and for temporary relief.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Alcala and Higley.

1. The Honorable R. Jack Cagle, judge of County Civil Court at Law No. 1 of Harris County. The underlying lawsuit isFagbemi v. Lin, No. 791,069 (County Civ. Ct. at Law. No. 1, Harris County, Tex.).