in Re Sammie McGilvery

In re Sammie McGilvery IN THE TENTH COURT OF APPEALS No. 10-01-422-CV IN RE SAMMIE McGILVERY Original Proceeding MEMORANDUM OPINION Sammie McGilvery filed a mandamus petition on December 19, 2001. We notified him by letter dated December 19 that the petition was defective because it did not contain proof of service as required by Rule of Appellate Procedure 9.5(d). See Tex. R. App. P. 9.5(d). We advised McGilvery that we would deny his petition if he did not serve the document as required by the appellate rules and provide proper proof of service within ten days. McGilvery has failed to comply. Accordingly, we deny the petition. Id. 52.8(a); In re State of Tex., 26 S.W.3d 759, 759 (Tex. App.—Waco 2000, orig. proceeding). PER CURIAM Before Chief Justice Davis, Justice Vance, and Justice Gray Writ denied Opinion delivered and filed February 6, 2002 Do not publish [CV06]