In Re: Donald Ray McCray--Appeal from 156th District Court of Bee County

NUMBER 13-05-116-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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IN RE DONALD RAY McCRAY

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On Petition for Writ of Mandamus ___________________________________________________________________

MEMORANDUM OPINION

Before Justices Hinojosa, Rodriguez and Wittig //

Memorandum Opinion Per Curiam //

Relator, Donald Ray McCray, has filed a petition for writ of mandamus in the above cause seeking to have the trial court act on relator s pending: motion of request for subpoena of [witnesses], default judgment, bench warrant, scheduling order, special exception hearing, habeas corpus . . . . The Court, having examined and fully considered the petition for writ of mandamus, is of the opinion that relator has not shown himself entitled to the relief sought. The petition generally fails to comply with Texas Rule of Appellate Procedure 52.3 and further fails to establish that the district court: (1) had a legal duty to perform a nondiscretionary act, (2) was asked to perform the act, and (3) failed or refused to do so. See In re Chavez, 62 S.W.3d 225, 228 (Tex. App. Amarillo 2001, orig. proceeding). Accordingly, the petition for writ of mandamus is hereby DENIED. See Tex. R. App. P. 52.8(a).

PER CURIAM

Memorandum opinion delivered and filed

this 16th day of March, 2005.