In Re Mengistu Taye v. the State of Texas

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed
October 22, 2024.

In The

Fourteenth Court of Appeals

NO. 14-24-00754-CV

IN RE MENGISTU TAYE, Relator

ORIGINAL PROCEEDING
WRIT OF MANDAMUS
County Civil Court at Law No. 1
Harris County, Texas
Trial Court Cause No. 1212637

MEMORANDUM OPINION

On Thursday, October 10, 2024, relator Mengistu Taye filed a petition for
writ of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221; see also Tex.
R. App. P. 52. In the petition, relator asks this court to compel the Honorable
Audrie Lawton-Evans, presiding judge of the County Civil Court at Law No. 1 of
Harris County, to vacate its September 10, 2024 order denying relator’s motion to
seal or redact certain court records and order the trial court to seal or redact the
records.

To be entitled to the extraordinary relief of a writ of mandamus, the relator
must show that the trial court abused its discretion and that there is no adequate
remedy by appeal. In re Zhou, No. 14-21-00276-CV, 2021 WL 3137958, at *1
(Tex. App.—Houston [14th Dist.] July 26, 2021, orig. proceeding); see In re
Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig.
proceeding). Relators bear the burden of demonstrating their entitlement to
mandamus relief. In re Zhou, 2021 WL 3137958, at *1; see In re Ford Motor Co.,
165 S.W.3d 315, 317 (Tex. 2005) (per curiam) (orig. proceeding); Walker v.
Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig. proceeding). This burden includes
providing this court with a record sufficient to make that showing. In re Zhou,
2021 WL 3137958, at *1; see Walker, 827 S.W.2d at 837 (stating that it is relator's
burden to provide a record sufficient to establish her entitlement to mandamus
relief); In re Le, 335 S.W.3d 808, 813 (Tex. App.—Houston [14th Dist.] 2011,
orig. proceeding) (stating that “[t]hose seeking the extraordinary remedy of
mandamus must follow the applicable procedural rules. Chief among these is the
critical obligation to provide the reviewing court with a complete and adequate
record.”) (footnote omitted).
Relator has not provided this court with a mandamus record from which this
court may find that the trial court abused its discretion. See In re Sorrow, No. 14-
23-00551-CV, 2023 WL 5623551, at *1 (Tex. App.—Houston [14th Dist.] Aug.
31, 2023, orig. proceeding) (dismissing a petition for writ of mandamus due to an
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insufficient record); see also In re Athans, 458 S.W.3d 675, 678 (Tex. App.—
Houston [14th Dist.] 2015, orig. proceeding).
Accordingly, we dismiss relator’s petition for writ of mandamus without
prejudice.

PER CURIAM

Panel consists of Chief Justice Christopher, Justices Zimmerer and Wilson.

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