Court of Civil Appeals of Texas, 2005

in Re Hebert Hines

in Re Hebert Hines
Court of Civil Appeals of Texas · Decided March 31, 2005

in Re Hebert Hines

Opinion

In The



Court of Appeals



Ninth District of Texas at Beaumont



____________________



NO. 09-05-055 CV

____________________



IN RE HERBERT HINES




Original Proceeding



MEMORANDUM OPINION (1)

On February 9, 2005, Herbert Hines filed a petition for writ of mandamus. An inmate in the Correctional Institutions Division of the Texas Department of Criminal Justice, Hines complains of the trial court's failure to consider his second affidavit of inability to pay costs, to issue warrants or enter default judgments against all of the named defendants, and to issue injunctive relief against the defendants. On February 24, 2005, we notified the relator that the petition did not comply with the Rules of Appellate Procedure applicable to original proceedings filed in appellate courts, granted him thirty days to amend his petition, and directed Hines to mail a copy of the petition to the respondent and the real party in interest. See Tex. R. App. P. 9.5, 52. On March 14, 2005, Hines filed a written objection to our instructions. The relator neither amended his petition nor complied with the service requirement.

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 the trial court abused its discretion, nor has he shown that he is entitled to the relief sought. Accordingly, the petition for writ of mandamus is denied.

WRIT DENIED.

PER CURIAM



Opinion Delivered March 31, 2005

Before McKeithen, C.J., Kreger and Horton, JJ.

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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.