in Re Gregory Banister, Relator

• Court: Court of Appeals of Texas
• Decided: September 14, 2010
• Docket: 07-10-00317-CV
• Status: Published

Opinion

NO. 07-10-00317-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL A

-------------------------------------------------------------------------------- SEPTEMBER 14, 2010 --------------------------------------------------------------------------------

IN RE GREGORY BANISTER, RELATOR --------------------------------------------------------------------------------

Before CAMPBELL and HANCOCK and PIRTLE, JJ.

MEMORANDUM OPINION

Relator Gregory Dean Banister has filed a petition for a writ of mandamus. He seeks an order compelling respondent, the Honorable Felix Klein, to rule on seventeen motions Banister asserts are pending in his habeas corpus proceeding. In response to our request, Judge Klein has filed a detailed response to Banister's petition. By it, he identifies each of Banister's motions and the corresponding ruling of the court. Accordingly, we do not reach the merits of Banister's issue, and the petition for writ of mandamus is dismissed as moot. See In re Duncan, 62 S.W.3d 333, 334 (Tex.App.--Houston [1st Dist.] 2001, orig. proceeding) (also dismissing mandamus petition as moot after trial court ruling).

Per Curiam