in Re Mohammed Malekzadeh

Opinion

Opinion issued April 11, 2006

In The

Court of Appeals

For the

First District of Texas

____________

NO. 01–05–00979–CV

IN RE MOHAMMED MALEKZADEH, Relator

---

Original Proceeding on Petition for Writ of Mandamus

---

MEMORANDUM OPINION ON REHEARINGRelator Mohammed Malekzadeh filed both a petition and supplemental petition for a writ of mandamus complaining of Judge Rynd’s alleged trial rulings—including Judge Rynd’s alleged refusal to (1) alter a bill of costs issued by the clerk of the Fourteenth Court of Appeals in connection with a previous appeal, (2) enforce the portion of the divorce decree allegedly requiring relator’s ex-wife to return items relator sent her in connection with an application for writ of habeas corpus he planned to file challenging his criminal convictions, and (3) to grant injunctive relief directing relator’s ex-wife to use his last name in connection with their children. Relator has an appeal pending in the Fourteenth Court of Appeals. See Malekzadeh v. Malekzadeh, No. 14–05–00113–CV (Tex. App.—Houston [14th Dist.] filed Feb. 1, 2005).

          On January 12, 2006, we denied the petition for a writ of mandamus as supplemented. Relator has filed a motion for rehearing. We grant the motion and vacate our previous denial of his petition. We will request the Texas Supreme Court to transfer this case to the Fourteenth Court of Appeals so this original proceeding may be considered by that court in conjunction with the pending appeal.

PER CURIAM

Panel consists of Justices Nuchia, Keyes, and Hanks.