In Re: Kurby Decker--Appeal from of County

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-06-00007-CV

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IN RE:

KURBY DECKER

Original Mandamus Proceeding

Before Morriss, C.J., Ross and Carter, JJ.

Opinion by Justice Carter

O P I N I O N

On November 3, 2005, Kurby Decker, an inmate at the Barry Telford Unit, filed a civil rights action against various prison officials alleging their refusal to allow him access to medical treatment. The Bowie County district clerk's office confirmed the filing of Decker's petition, but informed him that the office would take no further action except by order of the district court.

Decker has filed with this Court a petition for writ of mandamus asking this Court to direct the trial court to order the district clerk to issue citation. In its response to Decker's petition, the trial court filed an order dismissing Decker's underlying action. Such dismissal before issuance of citation is authorized on certain findings by the trial court. Tex. Civ. Prac. & Rem. Code Ann. 14.003(a) (Vernon 2002). //

In light of the trial court's dismissal, we dismiss Decker's petition for writ of mandamus as moot.

Jack Carter

Justice

Date Submitted: March 7, 2006

Date Decided: March 8, 2006