Javance L. Gonzales filed a petition for writ of mandamus on October 1, 2004. The relator is currently confined in the Texas Department of Criminal Justice, Correctional Institutions Division. Relator contends that the trial court ordered him to pay child support in 1992, that he filed a document titled "Original Answer, Denial of Paternity, and Request for Appointment of Attorney Ad Litem" on July 8, 2004, and that the trial court has not ruled on the motion. The relator petitions the Court to order the judge presiding in the 1st District Court to rule on his motion.

Mandamus will issue only to correct a clear abuse of discretion or violation of a duty imposed by law when that abuse cannot be remedied by appeal. Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992); Walker v. Packer, 827 S.W.2d 833, 839 (Tex. 1992). The relator has not demonstrated that his request for paternity testing is validly before the trial court in a pending controversy, nor has he shown that he is entitled to appointed counsel to represent him in the proceedings below. The relator has not shown that he is entitled to the relief sought. Accordingly, the petition for writ of mandamus is denied.

WRIT DENIED.

PER CURIAM

Opinion Delivered October 7, 2004

Before McKeithen, C.J., Burgess and Gaultney, JJ.

1. Tex. R. App. P. 47.4.