in Re: R. Wayne Johnson ( 2009 )

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

IN RE: R. WAYNE JOHNSON, Relator.

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No. 08-09-00268-CV AN ORIGINAL PROCEEDING IN MANDAMUS

MEMORANDUM OPINION ON PETITION FOR WRIT OF MANDAMUS

Relator has filed a pro se petition for writ of mandamus requesting that this Court compel the Honorable Bonnie Rangel, Judge of the 171st District Court, to "rescind her order in cause 07-4189, 171st as it is void."

Mandamus will issue only to correct a clear abuse of discretion. See Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). In addition there must be no other adequate remedy at law available to the relator. Id. Based on the petition and record before us, Relator has failed to establish he is entitled to mandamus relief. See Tex. R. App. P. 52.8. Therefore, the petition is denied.

GUADALUPE RIVERA, Justice

November 4, 2009

Before Chew, C.J., McClure, and Rivera, JJ.