In Re Robert Norman Smithback Appeal from 411th District Court of Polk County (memorandum opinion per curiam)

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In The Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-16-00110-CV _________________ IN RE ROBERT NORMAN SMITHBACK ________________________________________________________________________ Original Proceeding 411th District Court of Polk County, Texas Trial Cause No. CIV29146 ________________________________________________________________________ MEMORANDUM OPINION Robert Norman Smithback complains that the judge presiding in the 411th District Court of Polk County denied Smithback’s motions to enter a default judgment, to compel discovery, and for a bench warrant, then failed to rule promptly when Smithback requested the same relief in new motions that he filed with the trial court. Also, Smithback complains that the trial court denied his motion for a restraining order without first issuing a bench warrant. We have considered Smithback’s petition and the attached record, and we conclude that he has not established an abuse of discretion by the trial court. See 1 Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992). We deny the petition for writ of mandamus. See Tex. R. App. P. 52.8(a). PETITION DENIED. PER CURIAM Submitted on May 4, 2016 Opinion Delivered May 5, 2016 Before McKeithen, C.J., Kreger and Horton, JJ. 2

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