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STATE v. SANDERS (2022)

Court of Appeal of Louisiana, Fifth Circuit.2022-01-10No. NO. 21-K-729

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Opinion

WRIT NOT CONSIDERED

In this pro se writ application, relator, Victor Lloyd Sanders, seeks mandamus relief from this Court. In his writ to this Court, relator contends that the 40th Judicial District Court has failed to rule on his motion to quash the bill of information—which he asserts he filed in the district court in September of 2021—and asks this Court to order the district court to rule on his motion.

The instant writ application, as filed, precludes us from granting the relief requested. The writ application to this Court does not contain a district court case number or the motion to quash that relator alleges was filed in the district court. Even assuming that relator has a properly filed and pending motion to quash, without the official record before us, we cannot determine if the district court has already made a ruling, which would render relators writ of mandamus moot.

Accordingly, based on the showing made, we find no basis upon which relief can be granted at this time. However, if necessary, relator is not prohibited from re-filing his writ of mandamus with identifiable information, such as the district court case number, a copy of his motion to quash along with any attachments thereto, and evidence that his motion to quash has been officially filed with the Clerk of Court for the 40th Judicial District Court.

Gretna, Louisiana, this 10th day of January, 2022.