COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-08-039-CV

IN RE RYAN OMAR WHEATON RELATOR

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ORIGINAL PROCEEDING

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MEMORANDUM OPINION ^{(footnote: 1)}

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The State has filed a response to Relator’s petition for writ of mandamus.  It appears from the State’s response that the trial court—after this court requested a response from the State—granted Relator the relief he sought in his petition to expunge records, thus rendering moot Relator’s petition for writ of mandamus, in which he sought a writ compelling the trial court to set his petition for expunction for hearing.  We therefore deny Relator’s petition for writ of mandamus.

PER CURIAM

PANEL B:  GARDNER, DAUPHINOT, and MCCOY, JJ.

DELIVERED:  February 28, 2008

FOOTNOTES

1:

See Tex. R. App. P. 47.4.