in Re John Doe

Opinion issued February 10, 2009









In The

Court of Appeals

For the

First District of Texas

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NO. 01-09-00080-CR

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IN RE JOHN DOE (ASSUMED NAME), Relator





Original Proceeding on Petition for Writ of Mandamus





MEMORANDUM OPINIONUsing an assumed name, relator John Doe filed a petition for a writ of mandamus complaining of Judge Derbyshire’s January 29, 2009 order denying an application for extraordinary relief. Relator sought relief in the county criminal court at law to stop proceedings in the municipal court of the City of Bellaire set for February 10, 2009.

          On February 5, 2009, this Court struck relator’s petition for failure to identify the relator. See Tex. R. App. P. 52.1. The Court notified relator that unless a conforming petition was filed no later than 10:00 a.m. on February 9, 2009, then the Court may dismiss the proceeding for want of prosecution without further notice. Relator has not filed a conforming petition.

          We dismiss the proceeding for want of prosecution.

 

PER CURIAM

Panel consists of Justices Taft, Bland, and Sharp.


Do not publish. Tex. R. App. P. 47.2(b).