Order filed February 2 , 2021

.

In The



## Fourteenth Court of Appeals

____________

NO. 14

- 21

- 000 50

- CR

NO. 14

- 21

- 00051

- CR

____________

IN RE JOHN RUSSELL CHATM ON

, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS On Appeal from the 351s t District Court

Harris County, Texas

Trial Court Cause No s

. 1448430 & 1448431



### ORDER

On January 1 5 , 202 1 , relator Bradley Jared B a r ton filed two petition s for writ s

of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R.

App. P. 52. Relator ask s this court to compel the Honorable Natalia Cornelio,

presiding judge of the 351s t District Court of Harris County, to r ul e on relator’smotion s for speedy trial. 1

Relator’s petition s do not comply with the Texas Rules of Appellate

Procedure. See Tex. R. App. P. 52.3(j) (“The person filing the petition must certify

that he or she has reviewed the petition and concluded that every factual statement

in the petition is supported by competent evidence included in the append ix or

record.”); 52.7(a)(1) (requiring relator to file with petition “ a 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 ”) ; 52.7(a)(2) (requiring relator to file with petition

properly authenticated transcript of any relevant testimony from any underlying

proceeding, including any exhibits offered in evidence, or statement that no

testimony was adduced in connection with matter complained)

. 2

By this order, the court gives relator 30 days’ notice that the petition s will be

dismissed for failure to comply with Rule s 52. 3 (j) , 52.7(a)(1), and 52.7(a)(2) unless

1 Relator named Judge Cornelio’s predecessor of the 351st District Court, the Honorable George

Powell

, as respondent. Judge Powell ceased to hold the office of presiding judge of the 351s t
District Court on December 31, 2020. However, because relator is not complaining of an action

taken by Judge Powell, it is not necessary to abate this case pursuant to Rule 7.2(b) to allow Judge Cornelio to reconsider any ruling by Judge Powell. See Te x. R. App. P. 7.2(b).

2 The legislature has provided an alternate method of meeting the requirement of sworn copies

— an unsworn declaration. See Tex. Civ. Prac . & Rem. Code Ann. § 132.001. An unsworn declaration must be in writing and subscribed by the person making the declaration as true under penalty of perjury. Id. § 132.001(c). Section 132.001(e) sets forth the form for an unsworn declaration by an inmate:

My name is

__________ _________ ____________, my date of birth is

_________________,

(First) (Middle) (Last) and my inmate identifying number, if any, is

__________________. I am presently incarcerated

in

________________________ in

___ __________, _________, _______, ____________. (Corrections unit name) (City) (County) (State) (Zip Code)

I declare under penalty of perjury that the foregoing is true and correct. Executed on the _____ day of

________, _______. (Month) (Year)

___________________________ Declarant Id. § 132.001( e ); see Tex. R. App. P. 9.10(c) (exempting in court filing related to criminal matter defendant’s date of birth and address from redaction requirement for documents filed i n criminal cases).th e deficienc ies are cured. See generally Tex. R. App. P. 42.3(c).

PER CURIAM

Panel c onsists of Justices Bourliot, Zimmerer, and Spain.