in Re Anthony E. Gill

Opinion issued May 4, 2006 In The Court of Appeals For the First District of Texas ____________ NO. 01–06–00076–CV ____________ IN RE ANTHONY E. GILL, Relator Original Proceeding on Petition for Writ of Mandamus MEMORANDUM OPINIONRelator, Anthony E. Gill, has filed a motion for leave to file and a petition for a writ of mandamus alleging that Judge Hardin refuses to rule on relator’s application for a writ of garnishment. Relator’s petition does not contain an appendix, nor has relator filed a record as required by Texas Rules of Appellate Procedure 52.3(j) and 52.7. Accordingly, we cannot determine whether Judge Hardin has abused his discretion. See Johnson v. Sandel, 895 S.W.2d 490, 491 (Tex. App.—Houston [1st Dist.] 1995, orig. proceeding). We deny the petition for a writ of mandamus and dismiss as moot the motion for leave to file the petition. Tex. R. App. P. 52.8(a), 52 cmt. (commenting that 1996 amendments to Texas Rules of Appellate Procedure eliminate necessity to file motion for leave to file petition for original proceeding). PER CURIAM Panel consists of Chief Justice Radack and Justices Jennings and Alcala.