On December 17, 2003, Odis Briggs, Sr., filed his petition for writ of habeas corpus. The trial court subsequently vacated the order under which Briggs was confined. On December 29, 2003, the relator filed a motion to dismiss the petition.

Accordingly, this original proceeding is dismissed without reference to the merits of the issues raised in the petition.

WRIT DISMISSED.

PER CURIAM

Opinion Delivered January 8, 2004

Before McKeithen, C.J., Burgess and Gaultney, JJ.

1. Tex. R. App. P. 47.4.