In Re: Antonio Sepeda--Appeal from of County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

IN RE: ANTONIO SEPEDA

No. 08-04-00334-CV

AN ORIGINAL PROCEEDING

IN MANDAMUS

MEMORANDUM OPINION

Relator Antonio Sepeda has filed a petition for writ of mandamus, seeking to compel the trial court to rule on a motion. Sepeda claims that he sent the trial court a motion, a self-addressed stamped envelope, and a cover letter, asking the district clerk to return a file-stamped copy of the motion to him. He has received no response from the clerk or the court. Attached to the petition are copies of the motion and cover letter, as well as a document purporting to be from the prison librarian, stating that a letter from Sepeda to the district clerk was sent on September 1, 2004. Sepeda certified under penalty of perjury that all of the statements in his petition and the documents attached to the petition are true and correct.

Based on Sepeda s petition and attachments, we ordered the trial court to file a written status report, documenting the status of any motions it has received from Sepeda. In compliance with our order, the trial court has informed this Court that nothing has been filed by Sepeda since April 10, 2003. In light of the trial court s response, the petition for writ of mandamus is denied.

SUSAN LARSEN, Justice

December 30, 2004

Before Panel No. 3

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