Opinion issued December 9, 2005

In The

Court of Appeals

For the

First District of Texas

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NO. 01–05–01137–CV

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IN RE MARILYN L. PATRICK, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINIONOn Friday, December 9, 2005, relator Marilyn L. Patrick filed both (1) a petition for a writ of mandamus complaining of Judge Austin’s October 7, 2005 order denying in part her motion to compel discovery and November 17, 2005 order denying reconsideration of her motion to compel and (2) a motion for temporary relief. Relator also contends that on December 7, 2005 Judge Austin denied her motion to re-open discovery filed on December 2, 2005, but this order is not in the original–proceeding record. The record demonstrates that Judge Austin signed a docket control order on June 30, 2005 that set the case for trial on Monday, December 12, 2005.

          We deny both the petition for a writ of mandamus and the motion for temporary relief.

PER CURIAM

Panel consists of Justices Taft, Keyes, and Hanks.