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. 06-04-00003-CV

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IN RE: DOUGLAS A. DUNN

Original Mandamus Proceeding

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

Memorandum Opinion by Justice Carter

MEMORANDUM OPINION

Douglas A. Dunn has filed a petition for writ of mandamus in which he asks this Court to order the Honorable Bill Peek, judge of the 202nd Judicial District Court of Bowie County, to direct the district clerk to issue citation in his civil lawsuit. Dunn is a prison inmate, who is acting pro se in the action and on this mandamus.

Our clerk's office has contacted the district clerk, and we have received information showing the lawsuit has been dismissed as frivolous. This Court cannot take any action that would effect the requested relief. Thus, the order will have no practical result and mandamus should not be ordered. The petition must therefore be dismissed as moot without ruling on the merits of the contention brought forward in the petition. Dow Chem. Co. v. Garcia, 909 S.W.2d 503, 505 (Tex. 1995). //

Judgment has been rendered in the lawsuit. Therefore, the petition for writ of mandamus is now moot.

The petition is denied.

Jack Carter

Justice

Date Submitted: January 21, 2004

Date Decided: January 22, 2004