In re Marcus Tyler Sheffield Appeal from 274th District Court of Comal County (memorandum opinion)

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-22-00197-CV In re Marcus Tyler Sheffield ORIGINAL PROCEEDING FROM COMAL COUNTY MEMORANDUM OPINION We withdraw the opinion dated April 20, 2022, substitute the following opinion in its place, and deny relator’s motion for rehearing. Relator Marcus Tyler Sheffield has filed a petition for writ of mandamus complaining that the trial court has failed to rule on his renewed petition for expunction. To obtain mandamus relief for a failure to rule, Relator must establish that (1) the petition was properly filed and has been pending for a reasonable time; (2) the relator requested a ruling; and (3) the trial court refused to rule. In re Sarkissian, 243 S.W.3d 860, 861 (Tex. App.—Waco 2008, orig. proceeding). Having reviewed the petition and the record provided, Relator has failed to establish that his petition was properly filed. See Tex. Civ. Prac. & Rem. Code § 14.006(a), (b)(1) (authorizing courts to order inmates who have filed a claim to pay court fees and costs), § 14.011(a) (prohibiting the clerk from accepting filings of another claim by the inmate until the outstanding fees and costs are paid). Accordingly, we deny the petition for writ of mandamus. See Tex. R. App. P. 52.8(a). __________________________________________ Gisela D. Triana, Justice Before Justices Goodwin, Baker, and Triana Filed: June 2, 2022 2

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