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IN RE DAVID SMOTHERMAN, Relator.

MEMORANDUM OPINION

PER CURIAM.

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.

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IN RE SMOTHERMAN, 14-09-00692-CV (Tex.App.-Houston [14th Dist.] 9-1-2009)
(Sep 1, 2009)