In Re James McCoy v. the State of Texas
Docket 04-26-00274-CV
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- Texas
- Court
- Texas Court of Appeals, 4th District (San Antonio)
- Type
- Lead Opinion
- Case type
- Other
- Disposition
- Denied
- Docket
- 04-26-00274-CV
Original proceeding: petition for writ of mandamus filed in the Fourth Court of Appeals seeking relief related to Cause No. 2025CI22886 in the 438th Judicial District Court, Bexar County, Texas.
Summary
The Fourth Court of Appeals in San Antonio denied James McCoy's petition for a writ of mandamus filed April 6, 2026, seeking to compel action in an underlying Bexar County district-court case. The court reviewed McCoy's petition and motions and concluded he did not meet the legal standard for mandamus relief under Texas appellate rules. As a result, the petition is denied and McCoy's ancillary motions (to proceed in forma pauperis and to accept a single copy of pleadings) were denied as moot.
Issues Decided
- Whether the relator established entitlement to mandamus relief from the court of appeals
- Whether ancillary motions (in forma pauperis and acceptance of one copy of pleadings) should be granted
Court's Reasoning
The court reviewed the petition and the record and determined that McCoy failed to show he was entitled to the extraordinary remedy of mandamus under the applicable Texas appellate rule. Because the substantive standard for mandamus was not satisfied, there was no basis to grant the petition. The ancillary motions were rendered moot by denial of the petition.
Authorities Cited
- Texas Rules of Appellate ProcedureTEX. R. APP. P. 52.8(a)
Parties
- Petitioner
- James McCoy
- Judge
- Rosie Alvarado
- Respondent
- William Davidson
Key Dates
- Petition filed
- 2026-04-06
- Opinion delivered and filed
- 2026-04-15
What You Should Do Next
- 1
Consider seeking relief from the Texas Supreme Court
If McCoy believes the denial was erroneous and mandamus is appropriate, he may consider filing a petition for writ of mandamus with the Texas Supreme Court, subject to that court's standards and deadlines.
- 2
Proceed in the district court case
Continue litigating or pursuing available remedies in Cause No. 2025CI22886 in the 438th Judicial District Court, since the appeals court did not grant extraordinary relief.
- 3
Consult an attorney
Obtain legal advice to evaluate whether further appellate relief is possible or whether to focus on trial-court remedies; an attorney can assess procedural options and deadlines.
Frequently Asked Questions
- What did the court decide?
- The court denied James McCoy's petition for a writ of mandamus and denied his related motions as moot.
- Who is affected by this decision?
- The decision affects James McCoy (the relator) and the parties in the underlying Bexar County case, including William Davidson and the trial judge, Judge Rosie Alvarado.
- What does denial of mandamus mean for the underlying case?
- Denial means the appeals court will not order relief; the underlying district-court proceedings continue without intervention from this court.
- Can this decision be appealed?
- Mandamus denials by an intermediate court are generally not reviewable by appeal, though in some circumstances a relator may seek mandamus from the Texas Supreme Court.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-26-00274-CV
IN RE James MCCOY
Original Proceeding 1
PER CURIAM
Sitting: Lori I. Valenzuela, Justice
H. Todd McCray, Justice
Velia J. Meza, Justice
Delivered and Filed: April 15, 2026
PETITION FOR WRIT OF MANDAMUS DENIED
Relator, James McCoy, filed his petition for writ of mandamus on April 6, 2026. McCoy
also filed a motion to proceed in forma pauperis and a motion to accept one copy of all pleadings.
Having considered the petition and accompanying record, this court has determined that McCoy
has not established that he is entitled to the relief requested. See TEX. R. APP. P. 52.8(a). The
petition for writ of mandamus is denied. The pending motions are denied as moot.
PER CURIAM
1
This proceeding arises out of Cause No. 2025CI22886, styled James McCoy v. William Davidson, pending in the
438th Judicial District Court, Bexar County, Texas, the Honorable Rosie Alvarado presiding.