in Re: William Burnett

NUMBER 13-07-688-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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IN RE: WILLIAM BURNETT

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On Petition for Writ of Mandamus ____________________________________________________________

MEMORANDUM OPINION

Before Justices Yañez, Rodriguez and Benavides Per Curiam Memorandum Opinion ⁽¹⁾

Relator, William Burnett, proceeding pro se, filed a petition for writ of mandamus in the above cause on August 7, 2007. The Court requested that the real party in interest, the State of Texas by and through the District Attorney in and for Cameron County, Texas, file a response to relator's petition for writ of mandamus. The real party in interest has now filed a motion to strike relator's petition for writ of mandamus on grounds that relator failed to serve the real party in interest with the petition for writ of mandamus in accordance with the applicable rules of service. See Tex. R. App. P. 9.5(a).

We GRANT the motion to strike. We DISMISS this original proceeding without prejudice to relator's ability to further pursue this matter in accordance with the applicable rules of procedure.

We direct the Clerk of the Court to forward a copy of this memorandum opinion to relator's last known address by United States mail, return receipt requested.

PER CURIAM

Memorandum Opinion delivered and filed

this 9th day of January, 2008.

1. See Tex. R. App. P. 52.8(d) ("When denying relief, the court may hand down an opinion but is not required to do so."); Tex. R. App. P. 47.4 (distinguishing opinions and memorandum opinions).