In re Ivan Ruano Nava Appeal from 63rd Judicial District Court of Kinney County (memorandum opinion per curiam)
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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-21-00397-CR IN RE Ivan Ruano NAVA, Relator Original Proceeding 1 PER CURIAM Sitting: Rebeca C. Martinez, Chief Justice Luz Elena D. Chapa, Justice Beth Watkins, Justice Delivered and Filed: October 6, 2021 PETITION FOR WRIT OF MANDAMUS DISMISSED AS MOOT On September 21, 2021, relator filed a petition for writ of mandamus asserting the Honorable Enrique Fernandez has failed to set a hearing date for a writ of habeas corpus application filed on September 14, 2021. Relator also filed a motion for leave to file the petition. We deny as moot relator’s motion for leave because leave is not required to file a petition for writ of mandamus in an intermediate appellate court. See TEX. R. APP. P. 52.1; In re Deroven, No. 04-20-00026-CR, 2020 WL 557071, at *1 (Tex. App.—San Antonio Feb. 5, 2020, no pet.) (not designated for publication). On September 22, 2021, relator moved to withdraw his petition for writ of mandamus because “the District Court has now set the hearing that was requested in the petition.” Because This proceeding arises out of Cause No. 10322CR, styled Ex parte Ivan Ruano Nava, pending in the 63rd Judicial District Court, Kinney County, Texas, the Honorable Enrique Fernandez presiding. 1 04-21-00397-CR relator has now obtained the relief requested from the trial court, we also dismiss his petition for writ of mandamus as moot. Finally, we deny relator’s motion to withdraw as moot. PER CURIAM DO NOT PUBLISH -2-
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