in Re: Ronald E. Johnson ( 2002 )

Opinion issued December 12, 2002

In The

Court of Appeals

For The

First District of Texas

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NO. 01-02-00951-CV

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IN RE RONALD E. JOHNSON, Relator

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Original Proceeding on Petition for Writ of Mandamus

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O P I N I O N

Relator, Ronald E. Johnson, has filed a petition for writ of mandamus complaining about the trial court's ⁽¹⁾ failure to rule on his motions in his 1997 civil rights suit seeking damages from a former Texas Department of Criminal Justice-Institutional Division correctional officer, and (2) hold a trial. Relator also complains that senior district judge Erwin G. Ernst continues to act in the case despite having been recused. On November 22, 2002, Johnson filed a motion to set a hearing in this mandamus proceeding.

We deny the petition for writ of mandamus. All pending motions are denied.

PER CURIAM

Panel consists of Justices Taft, Alcala, and Price. ⁽²⁾

Do not publish. Tex. R. App. P. 47.

1. The Honorable Jerry A. Sandel, judge of the 278th District Court of Walker County. The underlying proceeding is trial court cause number 19,851-C, styled

Ronald Johnson v. Troy Saldana.

2. The Honorable Frank C. Price, former Justice, Court of Appeals, First District of Texas at Houston, participating by assignment.