in Re Michael Kennedy

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed July 9, 2009

 

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed July 9, 2009.

 

In The

 

Fourteenth Court of Appeals

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NO. 14-09-00578-CV

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IN RE MICHAEL KENNEDY, Relator

 

 

 

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

 

 

M E M O R A N D U M   O P I N I O N

On June 29, 2009, relator, Michael Kennedy, filed a petition for writ of mandamus in this court.  See Tex. Gov=t Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52.  In the petition, relator asks this court to compel the Honorable Sharon McCally, presiding judge of the 334th District Court of Harris County, to grant him leave to proceed on appeal without costs.  Relator also complains that the Harris County District Clerk has not filed the record in his appeal. 


Relator=s appeal is pending in this Court in cause no. 14-09-00377-CV.  On May 21, 2009, this Court granted relator=s motion to proceed in his appeal without advanced payment of costs, and ordered the Harris County District Clerk to prepare and file the clerk=s record.  The clerk=s record was filed on June 10, 2009.  Therefore, relator=s claims for relief have been rendered moot. 

Accordingly, we dismiss relator=s petition for writ of mandamus.

 

PER CURIAM

 

Panel consists of Chief Justice Hedges and Justices Yates and Frost.