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MEMORANDUM OPINION No. 04-10-00584-CV IN RE Rolando ALMENDAREZ Original Mandamus Proceeding1 PER CURIAM Sitting: Catherine Stone, Chief Justice Karen Angelini, Justice Phylis J. Speedlin, Justice Delivered and Filed: August 18, 2010 PETITION FOR WRIT OF MANDAMUS DENIED On August 10, 2010, relator filed a petition for writ of mandamus. The court has considered relator’s petition for writ of mandamus and is of the opinion that relator is not entitled to the relief sought. Accordingly, the petition for writ of mandamus is DENIED. See TEX . R. APP . P. 52.8(a).

Additionally, relator filed an Application for Leave to File Petition for Writ of Mandamus.

No leave is required to file a petition for a writ of mandamus in this court. TEX . R. APP . P. 52.

Therefore, relator’s motion for leave to file is DENIED AS MOOT.

PER CURIAM

… This proceeding arises out of Cause No. 10-02-0066CVW , in the 218th Judicial District Court, W ilson County, Texas, the Honorable Stella H. Saxon presiding.