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COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-09-137-CV
IN RE TIMMY RAY CALDWELL RELATOR
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ORIGINAL PROCEEDING
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MEMORANDUM OPINION[1]
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The court has considered Relator=s petition for writ of mandamus. Nothing in the record before us indicates that Relator=s pre-conviction writ of habeas corpus was brought to the attention of the trial court.[2] See In re Villarreal, 96 S.W.3d 708, 710B11 (Tex. App.CAmarillo 2003, orig. proceeding). Accordingly, we deny Relator=s petition for writ of mandamus and his AMotion For Evidentiary Hearing.@
PER CURIAM
PANEL: WALKER, LIVINGSTON, and MEIER, JJ.
DELIVERED: June 10, 2009
[1]See Tex. R. App. P. 47.4.
[2]Although the record filed by Relator contains a document purportedly seeking a hearing in the trial court on his pre-conviction petition for writ of habeas corpus, it is not file-stamped. Our clerk=s office confirmed with the trial court clerk that no such document was filed in the trial court.