IN THE

TENTH COURT OF APPEALS

No. 10-07-00338-CV

In re Barry Wion

Original Proceeding

            Wion’s Petition for Writ of Mandamus is denied.

                                                                        TOM GRAY

                                                                        Chief Justice

Before Chief Justice Gray,

            Justice Vance, and

            Justice Reyna

            (Justice Vance concurs in the denial of Wion’s petition with comments)*

Petition denied

Opinion delivered and filed April 9, 2008

[OT06]

            * “(When this suit began in 2002, the inmate-litigation provisions applied.  Tex. Civ. Prac. & Rem. Code Ann. §§ 14.001-.014 (Vernon 2002).  On January 5, 2005, Wion withdrew his request to proceed in forma pauperis, and on July 6, 2005, the court ordered him to pay $158 in court costs and conditionally dismissed as moot the defendants’ motion to dismiss under Chapter 14.  In a highly unusual use of Appellate Rule 2, we ordered the trial court clerk and reporter to prepare the record, based on Wion’s affidavit of indigency in this court.  The record, consisting of approximately 220 pages of documents and the transcription of two hearings, does not, however, show if the fees were paid.  Furthermore, Wion’s petition for writ of mandamus is not specific as to the motions he believes have not been ruled on.  Nevertheless, this case has been pending for five years, and even with the difficulties attendant to inmate litigation, any pending motions should be ruled on and the case set for disposition at an early date.)”