In Re: Dwight Wayne Jones--Appeal from of County

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-04-00089-CV

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IN RE:

DWIGHT WAYNE JONES

Original Mandamus Proceeding

Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Justice Ross

MEMORANDUM OPINION

Dwight Wayne Jones, an inmate at the Texas Department of Corrections Institutional Division, has filed a petition for writ of mandamus. He asks us to order the Honorable Robin Sage, presiding judge of the 307th Judicial District Court in Gregg County, Texas, to rule on Jones' motion for a bench warrant he filed October 24, 2003.

Mandamus relief is an extraordinary remedy. We will issue a writ of mandamus only when the mandamus record establishes (1) a clear abuse of discretion or the violation of a legally imposed duty, and (2) the absence of a clear and adequate remedy at law. Cantu v. Longoria, 878 S.W.2d 131, 132 (Tex. 1994).

In this case, Jones has not supplied this Court with a record of the proceedings from the underlying case. Nor has he supplied us with anything, other than his petition, from which we could determine if the trial court abused its discretion or violated a duty imposed by law. Without such a record as well as a clear showing that the trial court abused its discretion and that Jones has no other adequate relief available, such as appeal mandamus relief is inappropriate.

Accordingly, we deny Jones' petition for writ of mandamus.

Donald R. Ross

Justice

Date Submitted: August 11, 2004

Date Decided: August 12, 2004