COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § § No. 08-09-00323-CV IN RE: R. WAYNE JOHNSON, § AN ORIGINAL PROCEEDING Relator. § IN MANDAMUS § § MEMORANDUM OPINION ON PETITION FOR WRIT OF MANDAMUS Relator, R. Wayne Johnson, seeks a writ of mandamus to compel the Hon. Bonnie Rangel, Judge of the 171st District Court, of El Paso County Texas, to recind her order dismissing the underlying case without prejudice.

Mandamus will issue only to correct a clear abuse of discretion. See Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992)(orig. proceeding). In addition there must be no other adequate remedy at law available to the relator. Id. Based on the petition and record before us, Relator has failed to establish she is entitled to mandamus relief. See TEX .R.APP.P. 52.8.

Therefore, the petition is denied.

January 13, 2010 DAVID WELLINGTON CHEW, Chief Justice Before Chew, C.J., McClure, and Rivera, JJ.