in Re: Carl Wayne Chambers ( 2003 )

Opinion issued November 13, 2003

  In The

Court of Appeals  

For The  

First District of Texas  

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NO. 01-03-01121-CV

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IN RE CARL WAYNE CHAMBERS, Relator

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Original Proceeding on Petition for Writ of Mandamus  

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  MEMORANDUM OPINION

               Relator, Carl Wayne Chambers, filed a motion for leave to file a petition for writ of mandamus. He requests that this Court compel respondent to order his court-appointed counsel to prepare and present a motion for DNA testing. The motion for leave to file petition for writ of mandamus is granted.

               Relator’s petition does not meet the requirements of the Texas Rules of Appellate Procedure in that it does not certify that a copy was served on respondent. See Tex. R. App. P. 9.5.

               The petition for writ of mandamus is therefore denied.

               It is so ORDERED.  

PER CURIAM

Panel consists of Justices Taft, Jennings, and Hanks.