Opinion
14-22-00672-CR
04-13-2023
IN RE LINZALE DORSETTE GREER, Relator
Do Not Publish - Tex.R.App.P. 47.2(b).
Original Proceeding Writ of Mandamus 122nd District Court Galveston County, Texas Trial Court Cause No. 09CR3730
Panel consists of Justices Wise, Hassan, and Wilson.
ABATEMENT ORDER
PER CURIAM.
On Monday, September 19, 2022, relator Linzale Dorsette Greer filed a petition for writ of mandamus in this Court. See Tex. Gov't Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relator asks this Court to compel the Honorable John Ellisor, presiding judge of the 122nd District Court of Galveston County, to conduct a hearing and make a finding as required by article 64.04 of the Texas Code of Criminal Procedure.
Because the respondent ceased to hold the office of Judge of the 122nd District Court, Galveston County, Texas, after the institution of this action, we are required to abate this mandamus proceeding to permit the respondent's successor, the Honorable Jeth Jones, to reconsider the decision regarding relator's request for relief. See Tex.R.App.P. 7.2(b). Therefore, this mandamus proceeding is abated for a period of thirty days from the date of this order, at which time the new presiding judge of the 122nd District Court, Galveston County, Texas, shall advise the Court of the action taken on Relator's request. The Court will then consider a motion to reinstate or dismiss this proceeding, as appropriate.