In Re Donald Ray McCray--Appeal from 60th District Court of Jefferson County

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-05-123 CV
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IN RE DONALD RAY MCCRAY
Original Proceeding
MEMORANDUM OPINION (1)

On April 13, 2005, Donald Ray McCray filed a petition for writ of mandamus. An inmate in the Correctional Institutions Division of the Texas Department of Criminal Justice, McCray complains of the trial court's failure to consider documents and pleadings McCray filed in 2003. On March 31, 2005, we notified the relator that the petition did not comply with the Rules of Appellate Procedure applicable to original proceedings filed in appellate courts, granted him thirty days to amend his petition, and directed McCray to mail a copy of the petition to the respondent and the real party in interest. See Tex. R. App. P. 9.5, 52. On April 13, 2005, McCray filed an affidavit of indigence without a motion for extension of time. The relator neither amended his petition nor complied with the service requirement.

Mandamus will issue only to correct a clear abuse of discretion or violation of a duty imposed by law when that abuse cannot be remedied by appeal. Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex.1992); Walker v. Packer, 827 S.W.2d 833, 839 (Tex.1992). The relator has not demonstrated that the trial court abused its discretion, nor has he shown that he is entitled to the relief sought. Accordingly, the petition for writ of mandamus is denied.

WRIT DENIED.

PER CURIAM

 

Opinion Delivered June 30, 2005

Before McKeithen, C.J., Gaultney and Horton, JJ.

1. Tex. R. App. P. 47.4.