Tracy Nixon v. the Attorney General of the State of Texas

Order entered October 18, 2016 In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-00845-CV TRACY NIXON, Appellant V. THE ATTORNEY GENERAL OF THE STATE OF TEXAS, Appellee On Appeal from the 301st Judicial District Court Dallas County, Texas Trial Court Cause No. DF-00-14691 ORDER Before the Court is relator’s September 12, 2016 motion to recuse the Honorable Justice Douglas Lang from participating in this matter and relator’s September 26, 2016 motion for rehearing en banc. The Court dismissed this appeal and dismissed relator’s petition for writ of injunction and petition for writ of prohibition in this matter on September 1, 2016. The Court received relator’s motion for rehearing en banc on September 26, 2016. The motion for rehearing en banc was untimely, and relator did not file a motion for extension of time complying with Rule 10.5(b) to file the motion for rehearing en banc. TEX. R. APP. P. 10.5(b), 49.1, 49.7, 49.8. We, therefore, DENY AS UNTIMELY relator’s motion for rehearing en banc and we DENY AS MOOT relator’s motion to recuse. 1 /s/ CAROLYN WRIGHT CHIEF JUSTICE 2