NO. 12-05-00153-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

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IN RE: MICHAEL KENNEDY                         §     ORIGINAL PROCEEDING

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MEMORANDUM OPINION

PER CURIAM

            On May 2, 2005, relator Michael Kennedy filed his petition for writ of mandamus seeking an order requiring the Honorable Pam Fletcher, Judge of the 3rd Judicial District Court of Anderson County, to rule on his original petition for “good conduct time restored” filed in the underlying proceeding on April 17, 2004. In response to Kennedy’s mandamus petition, the respondent trial judge furnished this Court a certified copy of an order dismissing the underlying proceeding for Kennedy’s failure to comply with sections 14.004 and 14.005 of the Texas Civil Practice and Remedies Code. Because the respondent has performed the act that is the object of Kennedy’s mandamus petition, the petition is denied as moot.

                                                                                                     DIANE DEVASTO

                                                                                                              Justice

Opinion delivered May 25, 2005.

Panel consisted of Worthen, C.J., Griffith, J. and DeVasto, J.

(PUBLISH)