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in Re: Reginald A. Noble

Citation: Not availableDocket: 05-15-01366-CV

Court: Court of Appeals of Texas; November 22, 2015; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

On November 23, 2015, the Court of Appeals for the Fifth District of Texas dismissed Reginald A. Noble's petition for writ of mandamus in case number 05-15-01366-CV, originating from the Criminal District Court No. 4 of Dallas County. The court considered the petition without requiring prepayment of costs and deemed Noble's motion to file an affidavit of indigence as moot. Additionally, the court found Noble's motion for leave to file the petition unnecessary. Consequently, it ordered Noble to bear the costs associated with this original proceeding. The order was signed by Justice Molly Francis.

Legal Issues Addressed

Assessment of Costs in Original Proceedings

Application: The court ordered Noble to bear the costs associated with the original proceeding, implying that the dismissal of the petition resulted in cost liability for the petitioner.

Reasoning: Consequently, it ordered Noble to bear the costs associated with this original proceeding.

Dismissal of Petition for Writ of Mandamus

Application: The Court of Appeals dismissed Reginald A. Noble's petition for writ of mandamus, indicating that the petition did not meet the procedural or substantive requirements necessary for mandamus relief.

Reasoning: On November 23, 2015, the Court of Appeals for the Fifth District of Texas dismissed Reginald A. Noble's petition for writ of mandamus in case number 05-15-01366-CV.

Necessity of Motion for Leave to File

Application: The court found that a motion for leave to file the petition was unnecessary, suggesting that the procedural rules did not require such a motion for the petition to be considered.

Reasoning: Additionally, the court found Noble's motion for leave to file the petition unnecessary.

Waiver of Prepayment of Costs

Application: The court considered the petition without requiring prepayment of costs, acknowledging the motion to file an affidavit of indigence as moot.

Reasoning: The court considered the petition without requiring prepayment of costs and deemed Noble's motion to file an affidavit of indigence as moot.