In Re James McCoy v. the State of Texas

CourtListener 10852506Txctapp1Apr 28, 2026

Full text

Opinion issued April 28, 2026

In The

Court of Appeals
For The

First District of Texas
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NO. 01-26-00405-CV
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IN RE JAMES MCCOY, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, James McCoy, currently incarcerated and proceeding pro se, filed a

petition for a writ of mandamus asserting that the trial court failed to perform its

ministerial duty “to adequately address [r]elator’s Motion [t]o Compel Answer [o]r

Alternatively Motion for Default Judgment properly filed and before the [trial]
court.”1 Relator requested that this Court issue a writ of mandamus directing the

trial court to “promptly address his Motion [t]o Compel Answer [o]r Alternatively

Motion for Default Judgment.”

We conclude that relator has failed to establish he is entitled to mandamus

relief, and therefore, the Court denies relator’s petition for writ of mandamus. We

dismiss any pending motions as moot.

PER CURIAM

Panel consists of Chief Justice Adams and Justices Guerra and Guiney.

1
The underlying case is James McCoy v. Sylvia Hightower, Cause No. 036819, in the
506th District Court of Grimes County, Texas, the Honorable Gary W. Chaney
presiding.

2

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