In re Derek M. Bailey--Appeal from 25th Judicial District Court of Guadalupe County

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Karen Angelini, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: December 5, 2007

PETITION FOR WRIT OF MANDAMUS DENIED

Relator Derek M. Bailey has filed a petition for a writ of mandamus complaining of an order authorizing the withdrawal of court costs from his inmate trust account. See Tex. Gov't Code Ann. 501.014(e)(4) (Vernon 2004); Tex. Civ. Prac. & Rem. Code Ann. 63.007 (Vernon Supp. 2007). As is the case with any mandamus proceeding, Bailey has the burden of providing a record sufficient to establish his right to mandamus relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig. proceeding); Tex. R. App. P. 52.7(a)(1) (relator must file with his petition a copy of every document that is material to his claim for relief and that was filed in any underlying proceeding). A sufficient record would include all motions, trial court orders, and inmate grievance system documents on the issue presented. Bailey has not provided such a record. Accordingly, the petition for a writ of mandamus is denied without prejudice.

PER CURIAM

1. This proceeding arises out of Cause No. 94-0857-CR, styled State of Texas v. Derek Mitchell Bailey, pending in the 25th Judicial District Court, Guadalupe County, Texas, the Honorable Dwight E. Peschel presiding.