## NOS. 12
- 24
- 00080 -CR 12
- 24
- 0008 1-CR 12
- 24
- 0008 2-CR I N THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEX AS

IN RE: TO NY TRAYLOR, JR. , REL ATOR § § § O RIGINAL PROCEEDING

MEMORANDUM OPINION PER CURIAM Tony Traylor, Jr., acting pr o se, filed this original proceeding to challenge Respondent ’ s failure to rule on his motion for nunc pro tunc judgment and strike cumulative language from the judgment. 1 On April 10, 2024 , the Clerk of this Court informed Relator that his petition fails t o comply with appellate Rules 52.3(a) -(g), 52.7 , and 9.5

. See T EX
. R. A PP
. P. 52.3 (contents of petition); T EX
. R. A PP
. P. 52.7 (record) ; T EX
. R. A PP
. P. 9.5 (service)

. The notice warned that the petition would be referred to this Court for dismissal un l ess Relator amended the petition to comply with these Rules before May 10. Relator did not file an amended petition, the r eco rd , or otherwise respond to this Court’ s notice.

1 Respondent is the Honorab le Debra E. G unter, Judge of the 241 st District Cour t of Smith County , Texas

. The State of Texas is the Real P arty in Intere st
.2 Generally, a party seeking mandamus relief must bring forward all that is necessa r y t o establish his claim for mandamus relief. See T EX
. R. A PP
. P. 52. Texas Rule of Appellate Procedure 52.7 requires th e relator to file a record as part of his petition in an original proceeding. T EX
. R. A PP
. P. 52.7. Specifically, a relator must fi l e (1) a certified or sworn copy of every document that is material to his claim for relief and that was filed in any under lying p roceeding; and (2) “a properly a uthenticated transcript of any relevant testimony from any underlying proceeding, including an y exhibits offered in evidence, or a statement that no testimony was adduced in connection with the matter complained.” T EX
. R. A PP
. P. 52.7(a). It is a relator ’s burden to provide this court with a record sufficient to establish the right to extraordinar y relief. See In re Daisy , No. 12

- 13 -00266- CR, 2014 WL 5577068, at *2 (Tex. App.–Tyler Aug. 29, 2014, orig. proceeding) (mem. op., not designated for publication). In this case, Relator did not provide a record in accordance with Rule 52.7. Absent a
rec o rd, we cannot determine whether Relator is entitled to mandamus rel ief. See In re McCreary , No. 12 -15-00067- CR, 2015 WL 1395783 (Tex. App.– Tyler Mar. 25, 2015, orig. proceeding) (per curiam) (mem. op., not designated for publication). Accordingly, we de ny Relator ’s petition for writ of mandamus. Opinion delivered May 15 , 2024. Panel consisted of Worthen, C.J., Hoyle, J., a nd Neeley, J.

(DO NOT PUBLISH)

## COURT OF APPEALS TWELFTH COURT OF A PPEALS DISTRICT OF TEXAS JU D GMENT

MAY 15, 2024 NO. 12-24-00080- CR

TO NY TRAYLOR, JR. , Relator V. HON. JUDGE DEBRA E. GUNTER , Respondent
O RIGINAL P ROCEEDING ON TH IS DAY came to be heard t he petition for writ of mandamus filed by Tony Traylo r, Jr. ; who is the relator in appellate c ause number 12 -24-00080- CR and the defendant in trial court cause number 241-0709-13, formerly pending on the docket of th e 241st Judic ial District Court of Smith County , Texas. Said petition for writ of mandamus having been file d herein on April 10, 2024 , and the same having been duly considered, because it is the opinion of this Court that the writ should not issue , it is therefore CON SIDERED, ADJUDGED and ORDERED that the said petition for writ of mandamus be, and the same is, hereby denied

. By per cu riam opinion. Pan el consisted of Worthen, C.J., Hoyle, J. and Neeley, J.

## COURT OF APPEALS TWELFTH COURT OF A PPEALS DISTRICT OF TEXAS JUDGMENT

M AY 15, 2024 NO. 12-24-00081- CR

T ONY TRAYLOR, JR. , Relator V. HON. JUDGE DEBRA E. GUNTER , Respondent
O RIGIN A L P ROCEEDING ON T HIS DAY came to be heard t he petition for writ of mandamus filed by Tony Traylo r, Jr. ; who is the relat or in appellate cause number 12 -24-00081- CR and the defendant in trial court cause number 241-0710-13, formerly pending on the docket of the 241st Judic ial District Court of Smith County , Texas. Said petition for writ of mandamus having been file d herein on April 10, 2024 , and the same having been duly considered, because it is the opinion of this Court that the writ should not issue , i t is therefore CON SIDERED, ADJUDGED and ORDERED that the said petition for writ of mandamus be, and the same is, hereby de nied

. B y per curiam opinion. Pan el consisted of Worthen, C.J., Hoyle, J. and Neeley, J.

## COURT OF APPEALS TWELFTH COURT OF A PPEALS DISTRICT OF TEXAS JUDGMENT

M AY 15, 2024 NO. 12-24-00082- CR

T ONY TRAYLOR, JR. , Relator V. HON. JUDGE DEBRA E. GUNTER , Res pondent
O RIGINAL P ROCEEDING ON T HIS DAY came to be heard t he petition for writ of mandamus filed by Tony Traylo r, Jr. ; who is the r elator in appellate cause number 12 -24-00082- CR and the defendant in trial court cause number 241-0711-13, formerly pendin g on the docket of the 241st Judic ial District Court of Smith County , Texas. Said petition for writ of mandamus having been file d her ein on April 10, 2024 , and the same having been duly considered, because it is the opinion of this Court that the writ sho uld not issue , it is therefore CON SIDERED, ADJUDGED and ORDERED that the said petition for writ of mandamus be, and the same is, hereby denied

. B y per curiam opinion. Pan el consisted of Worthen, C.J., Hoyle, J. and Neeley, J.