Opinion issued January 22, 2009

In The

Court of Appeals

For the

First District of Texas

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NO. 01-08-00001-CR

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IN RE MELISSA ANN SKILLERN, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION Relator, Melissa Ann Skillern, filed a petition for a writ of mandamus complaining that the trial court judge ⁽¹⁾ refused to act on her motion for recusal.

We deny the petition for a writ of mandamus.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Nuchia ⁽²⁾ and Higley.

Do not publish. TEX.R.APP.P.47.2(b).

1. Relator named The Honorable Judge J. W. Woods, Jr., sitting as a visiting judge for the 400th District Court of Fort Bend County, Texas, as respondent.

2. Justice Sam Nuchia, who retired from the First Court of Appeals on January 1, 2009, continues to sit by assignment for the disposition of this case, which was submitted on January 21, 2009.