In Re Smotherman (Tex.App.- Houston [14th Dist.] Sep. 1, 2009) (per curiam mandamus denial)
(defective mandamus petition)
MOTION OR WRIT DENIED: Per Curiam
Before Justices Brock Yates, Frost and Brown
14-09-00692-CV In Re David Smotherman
Appeal from 434th Judicial District Court of Fort Bend County
Petition for Writ of Mandamus Denied and Memorandum Opinion filed September 1, 2009.
In The
Fourteenth Court of Appeals
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NO. 14-09-00692-CV
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IN RE DAVID SMOTHERMAN, Relator
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
M E M O R A N D U M O P I N I O N
On August 12, 2009, relator, David Smotherman, filed a petition for writ of mandamus in this court. See Tex.
Gov't Code Ann. § 22.221 (Vernon 2004); see also Tex. R. App. P. 52. In his petition, relator requests that we
compel the Honorable James H. Shoemake, presiding judge of the 434th District Court of Fort Bend County, to
rule on his pending motion for appointment of counsel and motion for photocopying.
Relator's petition does not comply with the Texas Rules of Appellate Procedure. See Tex. R. App. P. 20.1
(requiring affidavit of indigence to proceed in court of appeals without advance payment of costs); Tex. R. App.
P. 52.3(a) (requiring complete list of all parties, and names and addresses of all counsel); Tex. R. App. P.
52.3(j) (requiring certification that every factual statement in petition is supported by competent evidence in
appendix or record); Tex. R. App. P. 52.7(a)(1) (requiring relator to file certified or sworn copy of every
document that is material to his claim for relief).
Relator has not established his entitlement to the extraordinary relief of a writ of mandamus.
Accordingly, we deny relator's petition for writ of mandamus.
PER CURIAM
Panel consists of Justices Yates, Frost, and Brown.