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In re Hickman-Bey

Because of defects of form, relator's petition does not establish even that the matters of which he complains have been brought to the judge's attention. Before mandamus relief may issue, the relator must properly establish that the district court was asked to perform a non-discretionary legal duty and failed or refused to do so. For this reason alone, relator's petition must be, and is, denied. Amarillo Court of Appeals, No. 07-10-00059-CV, 03-03-2010

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Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

ORDER

Relator Kenneth Hickman-Bey has filed a petition for writ of mandamus complaining that the respondent district judge, the Honorable Ron Enns, judge of the 69th District Court of Hartley County, has not ruled on several motions he filed.*fn1 According to his petition, relator filed the motions in his pending civil case in that court, Cause No. 4249H.*fn2 In the petition, relator states he has “written numerous communications to the court seeking to prosecute this case.” Relator attached two documents to the petition. The first is a letter dated October 23, 2009, purportedly from relator to respondent, requesting the hearing of a motion for partial summary judgment. The second is a letter dated August 21, 2008, purportedly from relator to the district clerk, requesting disposition of a motion for summary judgment and the court’s attention of a petition for writ of mandamus.

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