in Re Kristofer Thomas Kastner ( 2009 )

Petition for Writ of Mandamus Denied and Memorandum Opinion filed April 23, 2009

Petition for Writ of Mandamus Denied and Memorandum Opinion filed April 23, 2009.

In The

Fourteenth Court of Appeals

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NO. 14-09-00278-CV

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IN RE KRISTOFER THOMAS KASTNER, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On March 27, 2009, relator, Kristofer Thomas Kastner, 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 the petition, relator requests that we compel the Honorable William R. Burke, Jr., presiding judge of the 189th District Court of Harris County, to vacate his October 3, 2008 order sustaining the contest to relator=s affidavit of indigence, and requests the reporter=s records for hearings held on October 3, 2008 and February 27, 2009, be provided free of charge.  Relator further requests that we dismiss his interlocutory appeal of the October 3, 2008 order or, in the alternative, compel the trial court to order the district clerk and the court reporter to produce the requested records for his appeal. 

Relator=s petition does not comply with the requirements of the Texas Rules of Appellate Procedure because the documents contained in the appendix are not sworn or certified and he has not provided any copy of his affidavit of indigence filed in the trial court on July 29, 2008.  Tex. R. App. P. 52.3(k). 

Moreover, relator=s request that we dismiss his interlocutory appeal is moot.  On April 9, 2009, we dismissed relator=s interlocutory appeal for lack of jurisdiction.  See Kastner v. The Kroger Co., 14-08-01001-CV, 2009 WL 943941 (Tex. App.CHouston [14th Dist.] Apr. 9, 2009, no pet. h.) (mem. op.). 

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, Guzman, and Sullivan.