Opinion issued May 21, 2013
In The
Court of Appeals
For The
First District of Texas
————————————
NO. 01-13-00348-CR
———————————
IN RE KERRY BEAL, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator Kerry Beal filed a pro se petition for writ of mandamus in which he
contends that the trial court judge, Respondent Hon. James Shoemake, abused his
discretion when he (1) refused to rule on Beal’s motion to recuse, (2) granted a
non-party’s motion to quash a subpoena duces tecum served by Beal, (3) refused to
rule on Beal’s motion to compel production/motion for show cause order relating
1
to that same subpoena and (4) refused to rule on another motion to compel
production/motion for show cause order relating to a second subpoena that Beal
attempted to serve upon another non-party.
Respondent Shoemake signed an order on May 2, 2013, referring Beal’s
motion to recuse to the Presiding Judge of the Second Administrative Judicial
Region. The portion of Beal’s petition which addresses the trial court’s alleged
failure to rule on the recusal motion is therefore moot.
Accordingly, we dismiss the portion the portion of Beal’s petition which
addresses the trial court’s alleged failure to rule on the recusal motion as moot.
We also deny the remainder of Beal’s petition for writ of mandamus, and we
dismiss any pending motions as moot.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Sharp and Massengale.
Do not publish. TEX. R. APP. P. 47.2(b).
2