In re Loyd Tom Logan, Jr.--Appeal from County Court at Law of Ellis County

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IN THE TENTH COURT OF APPEALS No. 10-11-00013-CR IN RE LOYD TOM LOGAN, JR. Original Proceeding MEMORANDUM O P I N I O N Loyd Tom Logan, Jr., a prison inmate, seeks a writ of mandamus to compel the Honorable Cindy Polley, County Clerk of Ellis County, to file Logan s Motion for Nunc Pro Tunc. There are numerous procedural problems with this petition including, but not limited to, the lack of 1) a certified or sworn copy of the pleading Logan attempted to file with the County Court at Law judge with a verified motion explaining that the clerk refused to accept the pleading and 2) a certified or sworn copy of a mandamus that Logan contends the trial court denied. See TEX. R. APP. P. 52.3(k). However, we use Rule 2 to look past these and the other deficiencies and deny Logan s petition. TEX. R. APP. P. 2. TOM GRAY Chief Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins Petition denied Opinion delivered and filed January 26, 2011 Do not publish [OT06] In re Logan Page 2

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