in Re: John Ramon Ogaz ( 2020 )


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  •                                   COURT OF APPEALS
    EIGHTH DISTRICT OF TEXAS
    EL PASO, TEXAS
    §
    IN RE                                          §               No. 08-19-00308-CV
    JOHN RAMON OGAZ,                               §         AN ORIGINAL PROCEEDING
    Relator.         §                IN MANDAMUS
    §
    MEMORANDUM OPINION
    Relator John Ramon Ogaz, pro se, is seeking a writ of mandamus against the Honorable
    Laura Strathmann, judge of the 388th District Court. Relator alleges that Judge Strathmann
    improperly transferred his declaratory judgment action to Probate Court No. 2. The petition for
    writ of mandamus is denied.
    Generally, mandamus relief is appropriate only to correct a clear abuse of discretion or to
    compel the performance of a ministerial duty, and where the relator has no adequate remedy by
    appeal. In re Reece, 
    341 S.W.3d 360
    , 364 (Tex. 2011) (orig. proceeding). The burden is on the
    relator to show he is entitled to mandamus relief. See In re Ford Motor Company, 
    165 S.W.3d 315
    , 317 (Tex. 2005) (orig. proceeding). After reviewing the mandamus petition and record, we
    conclude that Relator has failed to show that he is entitled to mandamus relief. Accordingly, we
    deny the petition for writ of mandamus.1
    JEFF ALLEY, Chief Justice
    January 23, 2020
    Before Alley, C.J., Rodriguez, and Palafox, JJ.
    (Do Not Publish)
    1
    All pending motions are denied as moot.
    2
    

Document Info

Docket Number: 08-19-00308-CV

Filed Date: 1/23/2020

Precedential Status: Precedential

Modified Date: 1/27/2020