                                      In The

                                Court of Appeals
                    Ninth District of Texas at Beaumont
                              _________________
                               NO. 09-14-00427-CV
                              _________________


                       IN RE ROBERT N. SMITHBACK

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                               Original Proceeding
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                          MEMORANDUM OPINION

       In a petition for writ of mandamus, Robert N. Smithback complains the trial

court has failed to act on his motions in a lawsuit he filed on July 1, 2014, against

two prison officials of the Allan B. Polunsky Unit in Polk County, Texas, and other

unidentified officials. Smithback states that in August 2014 he filed an affidavit

relating to previous filings and a motion to be bench warranted for a hearing.

Smithback complains that the 60th District Court has “failed to adjudicate the

documents[.]” Smithback failed to furnish an appendix or record sufficient to

support his claim for relief. See Tex. R. App. P. 52.3(k), 52.7. Moreover,

Smithback has not shown that the trial court failed to perform its ministerial duty

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to consider and rule on matters properly filed and pending before it within a

reasonable time. See In re Bishop, No. 12-05-00333-CV, 2005 WL 3147733, at *1

(Tex. App.—Tyler Nov. 23, 2005, orig. proceeding). We deny the petition for writ

of mandamus.

      PETITION DENIED.



                                                       PER CURIAM


Submitted on October 15, 2014
Opinion Delivered October 16, 2014

Before McKeithen, C.J., Horton and Johnson, JJ.




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