in Re John Wayne Bates

Opinion issued January 9, 2009

In The

Court of Appeals

For The

First District of Texas

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NO. 01-08-00237-CR

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IN RE JOHN WAYNE BATES, Relator

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Original Proceeding on Petition for Writ of Mandamus

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MEMORANDUM OPINION

Relator has filed a pro se petition writ of mandamus. In his petition relator complains that respondent ⁽¹⁾ has not ruled on his Second Motion fro DNA testing . We deny relief.

The petition for writ of mandamus is therefore denied.

PER CURIAM

Panel consists of Chief Justice Radack, and Justices Nuchia ⁽²⁾ and Higley.

Do not publish.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

1. The Honorable Susan Criss, Judge, 212th District Court, Galveston County, Texas.

2.

Justice Sam Nuchia, who retired from the First Court of Appeals on January 1, 2009, continues to sit by assignment for the disposition of this case, which was submitted on January 8, 2009.