NUMBER 13-09-00041-CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

IN RE ARLEN RAY TENBERG

On Petition for Writ of Mandamus.

MEMORANDUM OPINION Before Justices Rodriguez, Garza, and Vela Per Curiam Memorandum Opinion1 Relator, Arlen Ray Tenberg, pro se, filed a petition for writ of mandamus in the above cause on January 23, 2009.2 The Court, having examined and fully considered the

See T EX . R . A PP . P . 5 2 .8 (d ) (“W hen denying relief, the court m ay hand dow n an opinio n but is not required to do so.”); T EX . R . A PP . P . 47.4 (distinguishing opinions and m em orandum opinions).

Relator also filed a "m otion for leave" to file this petition for writ of m andam us. W e dism iss relator's m otion for leave to file the petition for writ of m andam us as m oot because the Texas Rules of Appellate Procedure no longer require the relator to file a m otion for leave in an original proceeding. See generally T EX .

R. A PP . P. 52 & cm t. petition for writ of mandamus, is of the opinion that relator has not shown himself entitled to the relief sought. Accordingly, the petition for writ of mandamus is DENIED. See TEX .

R. APP. P. 52.8(a).

PER CURIAM Do not publish.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

Memorandum Opinion delivered and filed this 30th day of January, 2009.