In Re: Johnnie Lee Carter--Appeal from of County

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COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § § IN RE: JOHNNIE LEE CARTER, Relator. No. 08-08-00156-CV § AN ORIGINAL PROCEEDING § IN MANDAMUS § § MEMORANDUM OPINION ON PETITION FOR WRIT OF MANDAMUS Relator, Johnnie Lee Carter, has filed a pro se petition for writ of mandamus seeking an order compelling the Honorable Linda Chew, Judge of the 327th District Court, to vacate her order granting nonsuit nunc pro tunc. Mandamus will lie only to correct a clear abuse of discretion. Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). In addition, there must be no other adequate remedy at law. Id. at 840. Based on the petition and record before us, Mr. Carter has failed to demonstrate he is entitled to mandamus relief. See TEX .R.APP .P. 52.8. Therefore, we deny the petition. May 8, 2008 ANN CRAWFORD McCLURE, Justice Before Chew, C.J., McClure, and Carr, JJ. Chew, C.J., not participating

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