Opinion issued June 12, 2008

In The

Court of Appeals

For The

First District of Texas

NO. 01-08-00429-CV

IN RE MARVIN M. TANZY, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Marvin M. Tanzy, has filed a petition for writ of mandamus asking this court to compel Judge McAdams ⁽¹⁾ to hold a hearing on relator's contention that the storage area for his religious materials at the Texas Department of Criminal Justice Institutional Division is inadequate, citing Balawajder v. Tex. Dep't of Criminal Justice, 217 S.W.3d 20 (Tex. App.--Houston [1st Dist.] 2006, pet. denied).

Relator neither identifies any refusal by the trial judge to hold such hearing, nor attaches a copy of any document showing the matter complained of. See Tex. R. App. P. 52.3(j) (requiring appendix containing certified or sworn copy of any order complained of, or any other document showing matter complained of); 52.7(a) (requiring record containing certified or sworn copy of every document that is material to relator's claim for relief and that was filed in any underlying proceeding); O'Connor v. First Court of Appeals, 837 S.W.2d 94, 97 (Tex. 1992). In addition, relator has neither paid the filing fee, nor filed an affidavit of indigence with the Clerk of this Court with or before filing his petition. See Tex. R. App. P. 20.1(c)(2).

We deny the petition for writ of mandamus.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Keyes and Higley.

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