In re Eustorgio Guzman Resendez--Appeal from 229th Judicial District Court of Starr County

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i i i i i i MEMORANDUM OPINION No. 04-08-00613-CV IN RE Eustorgio RESENDEZ Original Mandamus Proceeding1 PER CURIAM Sitting: Alma L. LÃ³pez, Chief Justice Sandee Bryan Marion, Justice Rebecca Simmons, Justice Delivered and Filed: September 24, 2008 PETITION FOR WRIT OF MANDAMUS DENIED Relator Eustorgio Resendez has filed a petition for writ of mandamus complaining of the district court s failure to set a hearing date to hear his petition for declaratory judgment consistent with this Court s opinion in Resendez v. Garcia, No. 04-05-00081-CV, 2005 WL 2654069 (Tex. App. San Antonio October 19, 2005, orig. proceeding) (mem. op.), which reversed and remanded the case to the district court. Relator s burden in a mandamus proceeding is to provide this court with a record sufficient to establish his right to relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. ¦ This proceeding arises out of Cause No. DC-02-268(A), styled Eustorgio Guzman Resendez v. Juan Garcia and Heriberto Silva, filed in the 229th Judicial District Court, Starr County, Texas. 1 04-08-00613-CV 1992); see also TEX . R. APP . P. 52.3(j), 52.7(a). Relator has not provided this court with a record upon which mandamus relief may be granted. Because relator is not entitled to the relief sought, the petition is denied. TEX . R. APP . P. 52.8(a). Additionally, relator filed an Application for Leave to File Petition for Writ of Mandamus. No leave is required to file a petition for a writ of mandamus in this court. TEX . R. APP . P. 52. Therefore, relator s motion for leave to file is denied as moot. PER CURIAM -2-

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