Opinion
09-997
Opinion Delivered November 5, 2009
Pro Se Petition for Writ of Mandamus [Circuit Court of Benton County, CV 2009-1336], Petition Moot.
On September 8, 2009, petitioner Lance Mitchell Owens filed the pro se petition for writ of mandamus that is now before us. He contended in the petition that the Honorable John R. Scott, Circuit Judge, had failed to set a hearing on a pro se petition for writ of mandamus that he had filed in the Circuit Court of Benton County on April 30, 2009.
On September 16, 2009, Judge Scott filed a response to the mandamus petition pending in this court with a copy of an order that he had entered September 2, 2009, appended. In the order, the court dismissed the mandamus action filed in circuit court without prejudice for failure to effect service on the respondent. As the court had already acted on the circuit court petition that was the subject of the mandamus petition by the date it was filed here, the petition in this court is moot.
Petition moot.