In Re: Clemmie Wickware--Appeal from 369th District Court of Cherokee County

NO. 12-06-00300-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

IN RE: CLEMMIE WICKWARE, ORIGINAL PROCEEDING

RELATOR

MEMORANDUM OPINION

In this original mandamus proceeding, Clemmie Wickware requests this Court either to expedite his civil rights action or to transfer it to a higher court. Texas Rule of Appellate Procedure 52 governs original proceedings. Rule 52 addresses such matters as the information that must be included in a petition for writ of mandamus, the contents of the appendix that must accompany the petition, and the contents of the record that must be filed. See Tex. R. App. P. 52.3, 52.7. The materials filed in this proceeding do not comply with Rule 52. Consequently, we are unable to conclude that the relator is entitled to the relief he seeks. Accordingly, the petition for writ of mandamus is denied.

JAMES T. WORTHEN

Chief Justice

Opinion delivered September 6, 2006.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(PUBLISH)