## NO. 12

- 24

- 00229

- CR
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS

IN RE:

BILLY RAY PEGUES ,
RELATOR §
§
§ ORIGINAL PROCEEDING

MEMORANDUM OPINION PER CURIAM Billy Ray Pegues, acting pro se, filed this original proceeding to complain of Respondent’s failure to rule on his motion seeking a bond reduction. 1 On July 19 , 2024, the Clerk of this Court informed Relator that his petition fails to comply with appellate Rules 52.2, 52.3(a)

- ( h ), ( j )

- ( k ) and 52.7

. See T EX

. R. A PP

. P. 52.2 (designation of parties); see also T EX

. R.
A PP

. P. 52.3 (contents of petition); T EX

. R. A PP

. P. 52.7 (record) . The notice warned that the petition would be referred to this Court for dismissal unless Relator provided an amended petition before July 29

. This deadline passed without an amended petition or other response from Relator. 2 Generally, a party seeking mandamus relief must bring forward all that is necessary to establish his claim for mandamus relief. See T EX

. R. A PP

. P. 52. Texas Rule of Appellate Procedure 52.7 requires the relator to file a record as part of his petition in an original

1 Respondent is the Honorable Robert K. Inselmann, Jr., Judge of the 217th District Court in Angelina County, Texas. The State of Texas is the Real Party in Interest.

2 Pro se litigants are held to the same standards as licensed attorneys and must comply with all applicable rules of procedure; otherwise, pro se litigants would benefit from an unfair advantage over parties represented by counsel. In re Guerrero , No. 12

- 21

- 00100

- CR, 2021 WL 3412558, at *1 n.3 (Tex. App.

— Tyler Aug. 4, 2021, no pet.) (mem. op., not designated for publication)

.2 proceeding. T EX

. R. A PP

. P. 52.7

. Specifically, a relator must file (1) a certified or sworn copy of every document that is material to his claim for relief and that was filed in any underlying proceeding; and (2) “a properly authenticated transcript of any relevant testimony from any underlying proceeding, including any 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 extraordinary 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 record, we cannot determine whether Relator is entitled to mandamus relief. 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 deny Relator ’ s mandamus petition.

Opinion delivered August 7, 2024. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

(DO NOT PUBLISH)

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

AUG UST 7 , 2024
NO. 12-24-00229- CR

B ILLY RAY PEGUES , Relator V.

HON. JUDGE ROBERT K. INSELMANN JR. , Respondent

O RIGINAL P ROCEEDING
O N THIS DAY came to be heard the petition for writ of mandamus filed by Billy Ray Pegues ; who is the relator in appellate cause number 12 -24-00229- CR and the defendant in trial court cause number 2019-0706, pending on the docket of the 217th Judicial District Court of Angelina County , Texas. Said petition for writ of mandamus having been filed herein on July 19, 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 CONSIDERED, ADJUDGED and ORDERED that the said petition for writ of mandamus be, and the same is, hereby denied

. By per curiam opinion. Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.