Opinion
No. 05-09-00052-CV
Opinion issued February 6, 2009.
Original Proceeding from the 363rd Judicial District Court Dallas County, Texas, Trial Court Cause No. F90-44053-SW.
Before Justices MORRIS, FRANCIS, and MURPHY.
Opinion by Justice MORRIS.
MEMORANDUM OPINION
Relator contends the trial judge erred in failing to set his motion to compel DNA testing for a hearing and in failing to rule on that motion. The facts and issues are well known to the parties, so we need not recount them herein. This is relator's second petition for writ of mandamus relating to the same motion in the trial court. See In re Milton Wayne Dixon, 05-08-01449-CV (Tex.App.-Dallas Nov. 6, 2008, orig. proceeding). His first petition was denied by this Court and his motion for rehearing on that petition was also denied.
We have reviewed this petition for writ of mandamus, and, based on the record before us, we conclude relator has not shown he is entitled to the relief requested. See Tex. R. App. P. 52.8(a); Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992). Accordingly, we DENY relator's petition for writ of mandamus. We further advise relator that the Court will not entertain any additional petitions relating to this motion.