Opinion
09-927
Opinion Delivered October 22, 2009
Pro Se Petition for Writ of Mandamus [Circuit Court of Chicot County, CV 2008-143], Petition Moot.
On August 17, 2009, petitioner Emmett Michael Brim filed in this court a petition for writ of mandamus, in which he alleged that the Honorable Robert Bynum Gibson, Jr., Circuit Judge, had failed to act upon a petition for writ of habeas corpus filed on May 12, 2008, in Chicot County Circuit Court in a timely manner. Judge Gibson has since filed a response to the petition in this court in which he notes that a response was filed to the habeas petition in December of 2008, and that a ruling has now been provided.
The circuit court has entered an order that disposed of the habeas petition. As the court has acted on that petition, the petition for writ of mandamus is moot.
The response failed to include a file-marked copy of the order. We take judicial notice, however, that the public records of the court's clerk indicate the order was entered on August 24, 2009.
Petition moot.