In Re Dimas

On April 30, 2002, relator, Daniel Dimas, filed a petition for writ of mandamus alleging respondent, Judge Sharon MacRae, abused her discretion in failing to rule on his motion for forensic DNA testing. This court denied relators petition without prejudice to refile a petition for writ of mandamus accompanied by a record demonstrating that relator called his motion to the trial courts attention and asked for a ruling. See In re Dimas, No. 04-02-00317-CV, 2002 WL 1058534 (San Antonio May 29, 2002)(orig. proceeding)(not designated for publication). Relator has refiled his petition for writ of mandamus with a record that satisfies Texas Rule of Appellate Procedure 52.8. Because respondent has initiated some action on relators motion, we deny relators petition.