In Re: Douglas A. Dunn--Appeal from of County

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
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No. 06-07-00050-CV
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IN RE: DOUGLAS A. DUNN
Original Mandamus Proceeding
Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Justice Moseley
MEMORANDUM OPINION

On October 2, 2003, Douglas Dunn, an inmate, filed suit against various prison officials. In connection with his suit, on March 22, 2006, Dunn filed his "Writ of Habeas Corpus Ad Testificandum" and his "Motion Requesting Pre-Trial Schedule and Compel Discovery." From the record, it appears that the trial court denied Dunn's petition for writ of habeas corpus and that the discovery motion remained pending. Further, by letter to the trial court filed February 9, 2007, Dunn requested that the trial court set the matter for trial.

Dunn has filed with this Court a petition for writ of mandamus asking this Court to direct the trial court to rule on his pending motions and to set the case for trial. On May 1, 2007, the trial court signed an order dismissing Dunn's underlying action and specifically dismissing any pending motions. The trial court is authorized to dismiss a claim upon having made certain findings regarding the veracity or merit of the inmate's allegations. See Tex. Civ. Prac. & Rem. Code Ann. 14.003(a) (Vernon 2002). (1)

In our disposition of Dunn's petition, we do not review the propriety of the trial court's dismissal itself; such review is a matter for direct appeal. The trial court's dismissal does, however, render Dunn's petition for writ of mandamus moot.

Accordingly, we dismiss as moot Dunn's petition for writ of mandamus.

 

Bailey C. Moseley

Justice

 

Date Submitted: May 15, 2007

Date Decided: May 16, 2007

1. Specifically, the trial court may dismiss the action before or after service of process, if the trial court determines that "(1) the allegation of poverty in the affidavit or unsworn declaration is false; (2) the claim is frivolous or malicious; or (3) the inmate filed an affidavit or unsworn declaration required by this chapter that the inmate knew was false." Tex. Civ. Prac. & Rem. Code Ann. 14.003(a).