in Re Gregory Banister, Relator ( 2010 )

NO. 07-10-00317-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
SEPTEMBER 14, 2010
IN RE GREGORY BANISTER, RELATOR
Before CAMPBELL and HANCOCK and PIRTLE, JJ.
MEMORANDUM OPINION
Relator Gregory Dean Banister has filed a petition for a writ of mandamus. He
seeks an order compelling respondent, the Honorable Felix Klein, to rule on seventeen
motions Banister asserts are pending in his habeas corpus proceeding.
In response to our request, Judge Klein has filed a detailed response to
Banister’s petition. By it, he identifies each of Banister’s motions and the corresponding
ruling of the court.1 Accordingly, we do not reach the merits of Banister’s issue, and the
petition for writ of mandamus is dismissed as moot. See In re Duncan, 62 S.W.3d 333,
1
The response does not, however, indicate whether the court’s rulings were
memorialized in an order or orders filed with the district clerk. From his response, we
presume that Judge Klein has, or promptly will, sign and file an order or orders
expressing the trial court’s rulings and provide a copy to relator.
334 (Tex.App.--Houston [1st Dist.] 2001, orig. proceeding) (also dismissing mandamus
petition as moot after trial court ruling).
Per Curiam
2