In re D.S.W., 14-22-00833-CV

CourtCourt of Appeals of Texas
Writing for the CourtPER CURIAM
PartiesIN RE D.S.W., Relator
Docket Number14-22-00833-CV
Decision Date22 November 2022

IN RE D.S.W., Relator

No. 14-22-00833-CV

Court of Appeals of Texas, Fourteenth District

November 22, 2022


ORIGINAL PROCEEDING WRIT OF MANDAMUS 247th District Court Harris County, Texas Trial Court Cause No. 2018-88778

Panel consists of Justices Wise, Spain, and Hassan.

MEMORANDUM OPINION ON ORDER

PER CURIAM

On November 10, 2022, relator D.S.W. filed a petition for writ of mandamus in this court. See Tex. Gov't Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable Janice Berg, presiding judge of the 247th District Court of Harris County, to rule on his bill of review.

Relator's petition does not comply with the Texas Rules of Appellate Procedure. See Tex. R. App. P. 52.3(k)(1)(A) (providing that appendix must contain

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certified or sworn copy of any order complained of, or any other document showing document complained of), 52.7(a)(1) (providing record must contain certified or sworn copy of every document that is material to relator's claim for relief and that was filed in any underlying proceeding). Also, relator's unsworn declaration does not comply with section 132.001(e) of the Civil Practice and Remedies Code. See Tex. Civ. Prac. & Rem. Code § 132.001(e) (providing that unsworn declaration from inmate may be used in lieu of written sworn declaration, if it is made under penalty of perjury and includes inmate's name, date of birth, identifying number, and prison unit, and city, county, state, and zip code of prison unit). Relator states in his unsworn declaration:

My name is [D.S.W.], my date of birth is . . ., and my inmate identifying number is . . . . I am presently incarcerated in Prairieland Eden Detention Center, in the city of Alvarado Johnson County, in the state of Texas, zip code 76009. I declare under penalty of perjury that the foregoing mandamus record, including every document that is material to relator's claim for relief and that was filed in any underlying proceeding, is true and correct
Additionally, I declare that there was no relevant testimony that was adduced from me in connection with the matter complained of. I am unaware of any other testimony that the court may have taken in connection with this matter

Executed on the 31st day of October, 2022.

While relator substantially complied with form of the unsworn declaration authorized by Civil Practice and Remedies Code section 132.001(e), relator's unsworn...

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