Opinion issued August 23, 2007

In The

Court of Appeals

For The

First District of Texas

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NO. 01-07-00639-CR

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IN RE ALARIC K. DAWSON, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Alaric Kevin Dawson, has filed a petition for writ of mandamus, requesting that this Court order the trial court ⁽¹⁾and his appointed attorney, to conduct DNA testing. We deny the petition.

First, relator's petition does not meet the requirements of the Texas Rules of Appellate Procedure. For example, it does not include an appendix, a complete list of all parties, names and addresses of all counsel, a table of contents, an index of authorities, or an appendix containing certified or sworn copy of any order complained of. See Tex. R. App. P. 9.5, 52.3 (a) (b) (c)(j).

Moreover, 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 Chief Justice Radack and Justices, Keyes, and Higley.

Do not publish.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

1. Hon. Jeaninne Barr, judge 182nd District Court, Harris County, Texas.