Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00026-CV IN RE Richard PAYNE Original Mandamus Proceeding 1 PER CURIAM Sitting: Catherine Stone, Chief Justice Marialyn Barnard, Justice Patricia O. Alvarez, Justice Delivered and Filed: January 23, 2013 PETITION FOR WRIT OF MANDAMUS DENIED On January 14, 2013, Relator Richard Payne filed a petition for writ of mandamus, complaining the trial court has failed to rule on his “Motion for Leave to Proceed In Forma Pauperis.” Payne, however, has the burden of providing this court with a record sufficient to establish his right to mandamus relief. See TEX. R. APP. P. 52.3(k)(1); TEX. R. APP. P. 52.7(a); Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig. proceeding). Payne has failed to provide us with a record to support his claims. Accordingly, Payne’s petition for writ of mandamus is DENIED. See TEX. R. APP. P. 52.8(a).

PER CURIAM

This proceeding arises out of Cause No. 11-12-00309-CVK, styled Richard Payne v. Brad Livingston, et al., pending in the 218th Judicial District Court, Karnes County, Texas, the Honorable Stella Saxon presiding.