COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

MEMORANDUM OPINION ON PETITION FOR WRIT OF MANDAMUS

           Relator, Jeffrey Lutz, asks this Court to issue a writ of mandamus against Respondent, the Honorable Patricia Macias, Judge of the 388th District Court of El Paso County. The petition for writ of mandamus is denied. See Tex. R. App. P. 52.7(a), 52.8(a). Our denial of the petition shall not be construed as a ruling on the merits.

                                                                  RICHARD BARAJAS, Chief Justice

December 2, 2004

Before Panel No. 2

Barajas, C.J., McClure, and Chew, JJ.