Opinion
No. 01-09-00080-CR
Opinion issued February 10, 2009. DO NOT PUBLISH. TEX. R. APP. P. 47.2(b).
Original Proceeding on Petition for Writ of Mandamus.
Panel consists of Justices TAFT, BLAND, and SHARP.
MEMORANDUM OPINION
Using an assumed name, relator John Doe filed a petition for a writ of mandamus complaining of Judge Derbyshire's January 29, 2009 order denying an application for extraordinary relief. Relator sought relief in the county criminal court at law to stop proceedings in the municipal court of the City of Bellaire set for February 10, 2009. On February 5, 2009, this Court struck relator's petition for failure to identify the relator. See TEX. R. APP. P. 52.1. The Court notified relator that unless a conforming petition was filed no later than 10:00 a.m. on February 9, 2009, then the Court may dismiss the proceeding for want of prosecution without further notice. Relator has not filed a conforming petition. We dismiss the proceeding for want of prosecution.
The Honorable Pam Derbyshire, judge of the County Criminal Court at LawNo. 7of Harris County, Texas. The county court lawsuit is In re Doe, No. 5530(County Crim. Ct. at Law No. 7, Harris County, Tex.); the underlyingmunicipal court lawsuit is State v. [relator], No. 0183261-01 (Bellaire, Tex.Mun. Ct.).