IN THE

TENTH COURT OF APPEALS

No. 10-10-00242-CV

In re Chad Davis

Original Proceeding

            Chad Davis seeks a writ of mandamus compelling Respondent, the Honorable Steve Smith, Judge of the 361st District Court of Brazos County, to set Davis’s expunction petition for a hearing.  The Clerk of this Court notified Davis by letter dated July 7, 2010 that his mandamus petition was defective because: (1) “It does not include the certification required by Rule of Appellate Procedure 52.3(j)”; and (2) “It does not include an appendix of supporting documents certified or sworn to, as required by Rules 52.3(k) and 52.7(a)(1).”  Davis was notified that his petition may be summarily denied if he failed to correct these deficiencies within twenty-one days.

            Davis responded by providing copies of the expunction petition and the district clerk’s online docket sheet.  In addition, Davis provided an unsworn declaration attesting that the attached documents were true and correct copies of documents on file with the Brazos County District Clerk or available online.

Davis has substantially corrected the second deficiency identified in the July 7 notice.  However, he has not provided “the certification required by Rule of Appellate Procedure 52.3(j).”  See Tex. R. App. P. 52.3(j).  Therefore, his petition for writ of mandamus is denied.

FELIPE REYNA

Justice

Before Chief Justice Gray,

Justice Reyna, and

Justice Davis

(Chief Justice Gray concurring)

Petition denied

Opinion delivered and filed August 25, 2010

[OT06]