                                      In The

                                Court of Appeals
                    Ninth District of Texas at Beaumont
                           ____________________
                              NO. 09-14-00372-CR
                           ____________________

                   IN RE BRETT W. LIGON,
            MONTGOMERY COUNTY DISTRICT ATTORNEY
_______________________________________________________            ______________

                               Original Proceeding
________________________________________________________            _____________

                          MEMORANDUM OPINION

      Brett W. Ligon, Montgomery County District Attorney, filed a petition for

writ of mandamus to compel the Judge of the 9th District Court of Montgomery

County, Texas, to vacate the court’s discovery order signed on August 29, 2014.

We stayed the order pending the resolution of the mandamus proceeding and

requested a response form the real party in interest, Michael Burl Massengill.

      On September 8, 2014, Relator filed a motion to dismiss this mandamus

proceeding as moot because the trial court has granted the State’s motion to set

aside the challenged discovery order. We dissolve our temporary order and grant




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the motion to dismiss. The original proceeding is dismissed without reference to

the merits.

      PETITION DISMISSED.

                                                     PER CURIAM

Submitted on September 23, 2014
Opinion Delivered September 24, 2014
Do Not Publish

Before McKeithen, C.J., Kreger and Horton, JJ.




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