in Re Donald Foster ( 2004 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-04-302 CV ____________________

IN RE DONALD FOSTER

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Original Proceeding

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MEMORANDUM OPINION ⁽¹⁾  

Donald Foster, an inmate confined in the Institutional Division of the Texas Department of Criminal Justice, seeks mandamus relief in connection with an application for a post-conviction writ of habeas corpus. Foster's mandamus petition alleges the judge of the 163rd District Court failed to set a hearing on his petition. Foster did not supply a record in support of his petition, nor has he supplied argument with supporting authorities. To obtain mandamus relief in a criminal matter, the relator must show that he has no other adequate remedy at law to address the alleged error and that the act the relator seeks to compel is ministerial. State ex rel. Hill v. Court of Appeals for Fifth Dist., 34 S.W.3d 924, 927 (Tex. Crim. App. 2001). The relator has not shown that he is entitled to the relief sought. See Tex. R. App. P. 52.3(j). The petition for writ of mandamus, filed July 12, 2004, is denied without prejudice to refiling.

WRIT DENIED.

PER CURIAM

Opinion Delivered August 26, 2004

Before McKeithen, C.J., Burgess and Gaultney, JJ.

1. Tex. R. App. P. 47.4.