In Re: Eric Flores Appeal from 120th District Court of El Paso County (memorandum opinion)

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COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § IN RE: ERIC FLORES § No. 08-21-00019-CV Relator. § AN ORIGINAL PROCEEDING IN § MANDAMUS § MEMORANDUM OPINION Relator Eric Flores has filed a pro se petition for writ of mandamus against the Honorable Maria Salas-Mendoza, Judge of the 120th District Court of El Paso County, Texas, seeking to compel an investigation into an alleged conspiracy by officials at the prison where Relator is currently incarcerated. The petition for writ of mandamus is denied. Generally, mandamus relief is appropriate only to correct a clear abuse of discretion or to compel the performance of a ministerial duty, and where the relator has no adequate remedy by appeal. In re Reece, 341 S.W.3d 360, 364 (Tex. 2011)(orig. proceeding); In re Prudential Insurance Company of America, 148 S.W.3d 124, 135-36 (Tex. 2004)(orig. proceeding). The burden is on relator to show he is entitled to mandamus relief. See In re Ford Motor Company, 165 S.W.3d 315, 317 (Tex. 2005)(orig. proceeding); Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992)(orig. proceeding). After reviewing the mandamus petition, 1 we conclude that Relator has failed to show he is entitled to mandamus relief. Accordingly, we deny the petition for writ of mandamus. June 7, 2021 YVONNE T. RODRIGUEZ, Chief Justice Before Rodriguez, C.J., Palafox, and Alley, JJ. 1 Relator did not file a mandamus record for our consideration. 2

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