in Re Christopher J. McCloskey ( 2006 )

Petition for Writ of Mandamus Denied and Memorandum Opinion filed August 1, 2006

Petition for Writ of Mandamus Denied and Memorandum Opinion filed August 1, 2006.

In The

Fourteenth Court of Appeals

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NO. 14-06-00631-CV

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IN RE CHRISTOPHER J. MCCLOSKEY, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M  O P I N I O N

On July 20, 2006, relator Christopher J. McCloskey filed an emergency motion for leave to file a mandamus petition and a petition for writ of mandamus, asking this court to enjoin the Honorable Robert Kern, presiding judge of the 387th District Court, Fort Bend County, Texas, from striking relator=s pleadings in the underlying case.  See Tex. Gov=t Code Ann. ' 22.221 (Vernon 2004); see  also  Tex. R. App. P. 52.1.  On July 31, 2006, relator filed a motion for emergency relief, stating that the trial court did, in fact, sign an order striking his pleadings and requesting we stay all further proceedings pending our determination of his mandamus petition. However, relator failed to provide this court with a copy of that order allegedly striking the pleadings and, in her response to the petition, real party Anne McCloskey asserts that the trial court has not signed such an order.             

Because relator has failed to provide a sufficient record to establish that he is entitled to the relief requested, we deny relator=s emergency motion and we deny his petition for writ of mandamus.       

PER CURIAM

Petition Denied and Memorandum Opinion filed August 1, 2006.

Panel consists of Justices Anderson, Edelman, and Frost