in Re Michael Anthony Moore ( 2011 )

IN THE
TENTH COURT OF APPEALS
No. 10-11-00336-CR
IN RE MICHAEL ANTHONY MOORE
Original Proceeding
MEMORANDUM OPINION
Michael Anthony Moore, a prison inmate, seeks a writ of mandamus to compel
the Honorable Marc Hamlin, District Clerk of Brazos County, to provide information
Moore requested and to return a file stamped copy of a letter and request for a docket
sheet. Moore also seeks a writ of mandamus to compel the Honorable Travis B. Bryan,
III, Judge of the 272nd Judicial District Court, to rule on Moore’s motion to recuse Judge
Bryan and Moore’s motion for DNA testing. It appears both motions may have been
pending since June 6, 2011.
There are numerous procedural problems with this petition including, but not
limited to, 1) the petition was not served on the real party in interest, TEX. R. APP. P. 9.5;
52.2; 2) Moore is trying to mandamus a judge he has sought to recuse; 3) Moore has not
shown that he presented those motions to the trial court, see In re Chavez, 62 S.W.3d 225,
228 (Tex. App.—Amarillo 2001, orig. proceeding); and 4) Moore has not attached any
document on which his petition relies. See TEX. R. APP. P. 52.3(k). However, we use
Rule 2 to look past these and the other deficiencies and dispose of Moore’s petition.
TEX. R. APP. P. 2.
We deny Moore’s petition as to the District Clerk because the allegations as to the
Clerk do not have the effect of interfering with our jurisdiction. See TEX. GOV'T CODE
ANN. § 22.221(a) (West 2004).
Further, we deny Moore’s petition as to the trial court because three months is
not sufficient time to say the trial court has abused its discretion, especially when the
motion to recuse must be acted on before the motion for DNA testing. See TEX. R. CIV. P.
18a(c); In re Chavez, 62 S.W.3d at 229.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Petition denied
Opinion delivered and filed September 21, 2011
Do not publish
[OT06]
In re Moore Page 2