in Re Marcus Tyler Sheffield

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-22-00197-CV
In re Marcus Tyler Sheffield
ORIGINAL PROCEEDING FROM COMAL COUNTY
MEMORANDUM OPINION
We withdraw the opinion dated April 20, 2022, substitute the following opinion in
its place, and deny relator’s motion for rehearing.
Relator Marcus Tyler Sheffield has filed a petition for writ of mandamus
complaining that the trial court has failed to rule on his renewed petition for expunction. To
obtain mandamus relief for a failure to rule, Relator must establish that (1) the petition was
properly filed and has been pending for a reasonable time; (2) the relator requested a ruling; and
(3) the trial court refused to rule. In re Sarkissian, 243 S.W.3d 860, 861 (Tex. App.—Waco
2008, orig. proceeding). Having reviewed the petition and the record provided, Relator has
failed to establish that his petition was properly filed. See Tex. Civ. Prac. & Rem. Code
§ 14.006(a), (b)(1) (authorizing courts to order inmates who have filed a claim to pay court fees
and costs), § 14.011(a) (prohibiting the clerk from accepting filings of another claim by the
inmate until the outstanding fees and costs are paid). Accordingly, we deny the petition for writ
of mandamus. See Tex. R. App. P. 52.8(a).
__________________________________________
Gisela D. Triana, Justice
Before Justices Goodwin, Baker, and Triana
Filed: June 2, 2022
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