In Re: Eduardo Avalos--Appeal from of County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

IN RE: EDUARDO AVALOS,

Relator.

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No. 08-04-00035-CR

AN ORIGINAL PROCEEDING

IN MANDAMUS

MEMORANDUM OPINION

Relator Eduardo Avalos seeks a writ of mandamus to compel the district clerk to return motions that he has filed in the trial court and to compel the trial judge to rule on a motion. We have no authority to issue a writ of mandamus to the district clerk in this case. See Tex. Gov=t Code Ann. ' 22.221(a),(b) (Vernon Supp. 2004). To obtain mandamus relief against the trial judge, relator must establish that the judge received and was aware of the motion. In re Villarreal, 96 S.W.3d 708, 710 (Tex. App.--Amarillo 2003, orig. proceeding). Relator has provided this Court with a copy of a motion, but the motion does not contain a file stamp or any other indication that it was received by the district clerk, nor is there any indication that the trial judge was made aware of the motion.

The petition for writ of mandamus is denied.

SUSAN LARSEN, Justice

February 19, 2004

Before Panel No. 4

Barajas, C.J., Larsen, and McClure, JJ.

(Do Not Publish)