In Re Paul Minix--Appeal from of County

Petition for Writ of Mandamus Denied and Memorandum Opinion filed October 20, 2005.

In The

Fourteenth Court of Appeals

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NO. 14-05-01039-CV

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IN RE PAUL MINIX, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M O P I N I O N

On October 7, 2005, relator filed a petition for writ of mandamus in this court. See Tex. Gov=t. Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52. Relator complains that the trial court is not complying with a mandate issued by this court on May 26, 2005.

Relator has not established that he is entitled to relief. First, Rule 52.3 requires all factual statements in the petition be verified by an affidavit made on personal knowledge by an affidavit competent to testify to the matters stated. Tex. R. App. P. 52.3. Section 132.001 of the Civil Practices and Remedies Code allows an inmate to file an unsworn declaration as described in chapter 132 in lieu of an affidavit. Tex. Civ. Prac. & Rem. Code Ann. ' 132.001(a) (Vernon 2005). Relator has failed to include an affidavit or unsworn declaration verifying all factual statements in the petition.

A second deficiency in the petition is the lack of a record. In Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992), the supreme court held that a petition for writ of mandamus must be supported by a sufficient record to demonstrate relator=s entitlement to relief. Relator has not provided this court with a sufficient record to establish that he has sought enforcement of the mandate in the trial court.

Accordingly, we deny relator=s petition for writ of mandamus.

PER CURIAM

Petition Denied and Memorandum Opinion filed October 20, 2005.

Panel consists of Justices Hudson, Frost, and Seymore.