Opinion issued September 30, 2004

In The

Court of Appeals

For The

First District of Texas

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NO. 01-04-00894-CR

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IN RE SAMUEL PURCHASE, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

               Relator, Samuel Purchase, filed in this Court a pro se petition for writ of mandamus asking that we order respondent to set an appeal bond amount in relator’s appeal of respondent’s denial of relator’s petition for writ of habeas corpus. We deny the petition.

               First, relator’s petition does not meet the requirements of the Texas Rules of Appellate Procedure. It does not include an appendix, and it does not certify that a copy was served on respondent. See Tex. R. App. P. 9.5, 52.3(j).

               Second, relator has not provided us with a record that shows that he made any request of respondent to perform a nondiscretionary act that respondent refused. Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.—Houston [1st Dist.] 1992, orig. proceeding).

               Therefore, the petition for writ of mandamus is denied.

PER CURIAM

Panel consists of Justices Nuchia, Hanks, and Higley.

Do not publish. Tex. R. App. P. 47.2(b).