In re Aaron M. Blank--Appeal from 175th Judicial District Court of Bexar County

No. 04-00-00883-CV

Related Trial Court Nos. 92-CR-4676-W & 96-CR-5593

From the 175th Judicial District, Bexar County, Texas

PER CURIAM

Sitting: Phil Hardberger, Chief Justice

Alma L. L pez, Justice

Paul W. Green, Justice

Delivered and Filed: January 10, 2001

PETITION FOR WRIT OF MANDAMUS DENIED

Relator, Aaron M. Blank, filed a pro se petition for mandamus relief. He contends the trial court failed to perform a ministerial duty by refusing to rule on relator's Motion for Judge Mary Roman to Disqualify or Recuse Herself.

The petition does not comply with Rule 52 of the Texas Rules of Appellate Procedure. Although we must liberally construe pro se pleadings, these failures are sufficient to deny relief. See Barnes v. State, 832 S.W.2d 424, 426-47 (Tex. App.-Houston [1st Dist.] 1992, orig. proceeding).

Additionally, this court has determined the relator is not entitled to the relief sought. See Tex R. Civ. P. 18a(a) (recusal requires motion filed in case pending before the judge); Vickery v. Tex. Carpet Co., 792 S.W.2d 759, 763 (Tex. App.-Houston [14th Dist.] 1990, writ denied) (failure to meet procedural requirements of Rule 18a waives right to complain judge failed to act on motion to recuse).

Accordingly, relator's petition for writ of mandamus is denied. See Tex. R. App. P. 52.8(a).

PER CURIAM

DO NOT PUBLISH