IN RE: ANTHONY W. NORMAN (2011)

MEMORANDUM OPINION

Relator, Anthony W. Norman, Jr., filed a petition for writ of mandamus seeking to compel Judge Dan Hinde of the 269th District Court to sign an order granting expunction.¹

We deny the petition for writ of mandamus.   Relator has failed to include with his petition a certification that he has reviewed the petition and concluded that every factual statement is supported by competent evidence included in the appendix or record.  Tex.R.App. P. 52.3(j);  In re Butler, 270 S.W.3d 757, 758 (Tex.App.-Dallas 2008, orig. proceeding) (“However, the relator must comply with the current requirement of rule 52.3(j) by certifying the factual statements contained in the petition are supported by competent evidence included in the appendix or record.   The relators have not done this, and, thus, their certification does not meet the requirement of rule 52.3(j).”).

Relator has also failed to include certified or sworn copies of documents showing the matters of which he complains in the appendix and the record.   See Tex.R.App. P. 52.3(k)(1)(A) (requiring relator to include, as part of appendix, “certified or sworn copy of ․ any other document showing the matter complained of”);  Tex.R.App. P. 52.7(a) (requiring relator to file with petition “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” and “a properly authenticated transcript of any relevant testimony from any underlying proceeding, including any exhibits offered in evidence”).

All pending motions are denied as moot.

FOOTNOTES

FN1.  1 The Honorable Dan Hinde, judge of the 269th District Court of Harris County, Texas.   The underlying lawsuit is Ex parte Anthony W. Norman, Jr., No.2009-59663 (269th Dist. Ct., Harris County, Tex.)..  FN1.  1 The Honorable Dan Hinde, judge of the 269th District Court of Harris County, Texas.   The underlying lawsuit is Ex parte Anthony W. Norman, Jr., No.2009-59663 (269th Dist. Ct., Harris County, Tex.).

PER CURIAM