in Re: Ronald Murray

NO. 12-21-00010-CV IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

IN RE: § RONALD MURRAY, § ORIGINAL PROCEEDING RELATOR §

MEMORANDUM OPINION PER CURIAM

Ronald Murray, acting pro se, filed this original proceeding to challenge Respondent’s failure to forward his notice of appeal to this Court. 1 On August 7, 2020, the trial court signed an order dismissing, without prejudice, Relator’s lawsuit against The Trinity County Commissioners, Trinity County Sheriff’s Department, and the Trinity County District Attorney (the Real Parties in Interest), as frivolous. Relator claims to have filed a notice of appeal on or about August 17. 2 He filed this original proceeding on January 25, 2021.

On January 25, the Clerk of this Court notified Relator that his petition for writ of mandamus failed to comply with Texas Rules of Appellate Procedure 52.3(b)–(c), (e)-(f), (h), (k), and 52.7. See TEX. R. APP. P. 52.3 (form and contents of petition); see also TEX. R. APP. P. 52.7 (record). The notice further informed Relator that his petition would be referred to the Court for dismissal unless he provided an amended petition and the record on or before February 4. This Court subsequently granted Relator’s request for an extension to March 8. That deadline passed, and Relator has not filed an amended petition or a mandamus record.

A party seeking mandamus relief must bring forward all that is necessary to establish his claim for mandamus relief. See TEX. R. APP. P. 52. The petition must contain certain items, including identification of issues presented, table of contents, index of authorities, statement of jurisdiction, and an appendix. See TEX. R. APP. P. 52.3. Texas Rule of Appellate Procedure 52.7 requires the relator to file a record as part of his petition in an original proceeding. See TEX. R. APP. P. 52.7. Specifically, a relator must file (1) a certified or sworn copy of every document that is material to his claim for relief and that was filed in any underlying proceeding; and (2) “a properly authenticated transcript of any relevant testimony from any underlying proceeding, including any exhibits offered in evidence, or a statement that no testimony was adduced in connection with the matter complained.” TEX. R. APP. P. 52.7(a).

It is a relator’s burden to provide this court with a record sufficient to establish the right to mandamus relief. See In re Mack, No. 12-19-00238-CV, 2019 WL 3024757, at *1 (Tex. App.–Tyler July 10, 2019, orig. proceeding) (mem op.). In this case, Relator did not provide a record in accordance with Rule 52.7. Absent a record, we cannot determine whether Relator is entitled to mandamus relief. See id. Because Relator’s petition fails to comply with the appellate rules, he presents nothing for this Court to review. Therefore, we deny his petition for writ of mandamus. 3 Opinion delivered March 18, 2021.

Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT MARCH 18, 2021 NO. 12-21-00010-CV RONALD MURRAY, Relator V. KRISTEN RAIFORD, Respondent ORIGINAL PROCEEDING

ON THIS DAY came to be heard the petition for writ of mandamus filed by Ronald Murray; who is the relator in appellate cause number 12-21-00010-CV and the plaintiff in trial court cause number CIV23488, formerly pending on the docket of the 411th Judicial District Court of Trinity County, Texas. Said petition for writ of mandamus having been filed herein on January 25, 2021, and the same having been duly considered, because it is the opinion of this Court that the writ should not issue, it is therefore CONSIDERED, ADJUDGED and ORDERED that the said petition for writ of mandamus be, and the same is, hereby denied.

By per curiam opinion.

Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.