In Re Phillip "Baby Shark" Scott v. the State of Texas ( 2024 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-24-00157-CV
In re Phillip “Baby Shark” Scott
ORIGINAL PROCEEDING FROM COMAL COUNTY
MEMORANDUM OPINION
Relator Phillip Scott, an inmate in the Comal County Jail, has filed an
ambiguously captioned pro se appellate submission with this Court entitled “Abuse-of-
Discretion & Clear Error Review,” complaining of an ex parte hearing allegedly held pursuant to
Chapter 46B of the Code of Criminal Procedure in cause number CR2023-382, and asking us to
vacate a civil commitment order allegedly entered in that case on July 19, 2023. Having
reviewed the filing, we treat the submission as a petition for writ of mandamus and deny the
petition. See Tex. R. App. P. 52.8(a).
To the extent Scott seeks relief that is within this Court’s jurisdiction to grant, it is
relator’s burden to properly request and show entitlement to mandamus relief. Walker v. Packer,
827 S.W.2d 833, 837 (Tex. 1992); In re Davidson, 153 S.W.3d 490, 491 (Tex. App.–Amarillo
2004, orig. proceeding); see also Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.–Houston [1st
Dist.] 1992, orig. proceeding) (per curiam) (“Even a pro se applicant for a writ of mandamus
must show himself entitled to the extraordinary relief he seeks”). In this regard, the relator must
provide the reviewing court with a record sufficient to establish his right to mandamus relief.
See Walker, 827 S.W.2d at 837; In re Blakeney, 254 S.W.3d at 661–62; see also Tex. R. App. P.
52.7(a)(1) (relator must file with petition “a certified or sworn copy of every document that is
material to the relator’s claim for relief and that was filed in any underlying proceeding”),
52.7(a) (specifying required contents for record), 52.3(k) (specifying required contents
for appendix).
Based on his failure to provide any record, we conclude that Scott has failed to
show an entitlement to relief. Accordingly, we deny the petition for writ of mandamus and
dismiss the pending motion as moot. See Tex. R. App. P. 52.8(a).
__________________________________________
Darlene Byrne, Chief Justice
Before Chief Justice Byrne, Justices Smith and Theofanis
Filed: March 14, 2024
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