IN RE: Eric Flores (2013)

M E M O R A N D U M O P I N I O N

Relator Eric Flores, an inmate, has filed a pro se petition for writ of mandamus, asking this Court to compel an unspecified Travis County District Court to appoint a medical expert in an administrative proceeding that Flores has filed with the Texas Medical Board.   The proceeding involves a claim by Flores that certain autopsy procedures conducted by the El Paso County Medical Examiner's Office are illegal.

Mandamus is an extraordinary remedy that issues only to correct a clear abuse of discretion or violation of a duty imposed by law when no other adequate remedy at law is available.   See Walker v. Packer, 827 S.W.2d 833, 839 (Tex.1992);  Johnson v. Fourth Court of Appeals, 700 S.W.2d 916, 917–18 (Tex.1985);  State v. Walker, 679 S.W.2d 484, 485 (Tex.1984).   The relator has the burden to provide the Court with a record sufficient to establish his right to mandamus relief.   See Walker, 827 S.W.2d at 837.   Flores has failed to demonstrate that he is entitled to the extraordinary relief sought.   See id. at 837–44.   Accordingly, the petition for writ of mandamus is denied.   See Tex.R.App. P. 52.8(a).

Bob Pemberton, Justice