IN THE TENTH COURT OF APPEALS

No. 10-11-00013-CR IN RE LOYD TOM LOGAN, JR.

Original Proceeding

MEMORANDUM O P I N I O N Loyd Tom Logan, Jr., a prison inmate, seeks a writ of mandamus to compel the Honorable Cindy Polley, County Clerk of Ellis County, to file Logan’s “Motion for Nunc Pro Tunc.” There are numerous procedural problems with this petition including, but not limited to, the lack of 1) a certified or sworn copy of the pleading Logan attempted to file with the County Court at Law judge with a verified motion explaining that the clerk refused to accept the pleading and 2) a certified or sworn copy of a mandamus that Logan contends the trial court denied. See TEX. R. APP. P. 52.3(k).

However, we use Rule 2 to look past these and the other deficiencies and deny Logan’s petition. TEX. R. APP. P. 2.

TOM GRAY Chief Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins Petition denied Opinion delivered and filed January 26, 2011 Do not publish [OT06]

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