Court of Civil Appeals of Texas, 2007

in Re Eric Linton

in Re Eric Linton
Court of Civil Appeals of Texas · Decided September 6, 2007

in Re Eric Linton

Opinion

In The



Court of Appeals



Ninth District of Texas at Beaumont



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NO. 09-07-354 CV

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IN RE ERIC LINTON




Original Proceeding



MEMORANDUM OPINION

Eric Linton filed a petition for writ of mandamus that seeks to compel the trial court to release to the relator money at issue in a forfeiture proceeding. Linton complains that the case has been on file for two years. He contends the trial court failed to respond to his March 2007 requests to schedule a hearing and for appointment of counsel. Linton asks this Court to compel the trial court to either order the property to be returned to him or to appoint an attorney to represent Linton in the forfeiture proceeding.

Linton provides no authority to support his claim that he is entitled to appointed counsel to represent him in the forfeiture proceeding. Furthermore, the relator has not shown that the trial court unreasonably failed to place the cause on the trial docket. See In re Chavez, 62 S.W.3d 225, 229 (Tex. App.-Amarillo 2001) (orig. proceeding). Because the relator has not shown his immediate entitlement to mandamus relief, the petition for writ of mandamus is denied without prejudice.

PETITION DENIED.

PER CURIAM

Opinion Delivered September 6, 2007

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

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