In Re Timothy A. Aguilar v. the State of Texas
CourtTexas Court of Appeals, 1st District (Houston)
Date FiledAugust 25, 2026
Docket01-26-00802-CV
StatusPublished
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Full Opinion
Opinion issued August 25, 2026
In The
Court of Appeals
For The
First District of Texas
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NO. 01-26-00802-CV
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IN RE TIMOTHY AGUILAR, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Timothy Aguilar, proceeding pro se, has filed a petition for a writ of
mandamus asserting that the trial court has “fail[ed] to perform its ministerial
duty . . . by failing and refusing for more than six months to rule on [r]elator’s
properly filed Motion to Deem [Relator’s] First Request for Admissions to [Real
Party in Interest, Walene Garza Alvares,] as Admitted.”1 Relator’s mandamus
petition requested that this Court issue a writ of mandamus and direct that the trial
court “be compelled to act and exercise [its] discretion—whichever way—by ruling,
within a specified reasonable time,” on relator’s motion.
On request of the Court, real party in interest filed a response to the petition
for writ of mandamus on August 13, 2026, arguing that relator’s petition failed to
establish he was entitled to mandamus relief. Relator filed a reply in support of his
petition for writ of mandamus on August 16, 2026.
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 motion as moot.
PER CURIAM
Panel consists of Justices Guerra, Gunn, and Morgan.
1
The underlying case is In the Matter of Timothy Aguilar and Walene Garza Alvares,
Cause No. 2025-81963, in the 507th District Court of Harris County, Texas, the
Honorable Lillian H. Alexander presiding.
2