Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed June 25, 2009.

In The

Fourteenth Court of Appeals

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NO. 14-09-00389-CV

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IN RE MICHAEL KENNEDY, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

Relator Michael Kennedy, a pro se inmate, filed a petition for writ of mandamus in this Court complaining that he has been denied an appeal of a judgment against him.  See Tex. Gov=t Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52.  In the petition, relator asserted that the respondent, the Honorable Sharon McCally, presiding judge of the 334th District Court of Harris County, had Adenied@ his appeal in cause number 2008-55576, styled Michael Kennedy v. Turner Industries Group, LLC and Wayne Baird.

According to his petition, Kennedy filed notices of appeal on March 17, 2009, March 31, 2009, and April 15, 2009, attempting to appeal a summary judgment signed March 5, 2009.  Kennedy also filed an application to proceed without advance payment of costs.  The appeal has now been assigned to this Court, and it is currently pending under our appellate case number 14-09-00377-CV.  No contest to Kennedy=s application to proceed without advance payment of costs was filed.  Accordingly, the allegations in Kennedy=s affidavit are taken as true and he is allowed to proceed without advance payment of costs.  See Tex. R. App. P. 20.1(f).  This Court ordered the clerk=s record filed without advance payment, and it has now been filed in compliance with our order. 

Therefore, Kennedy has not been denied his appeal and the claims in his petition for writ of mandamus have now been rendered moot.  Accordingly, we dismiss relator=s petition for writ of mandamus.

PER CURIAM

Panel consists of Chief Justice Hedges and Justices Yates and Frost.