In Re Nabelek

DISSENTING OPINION TO ORDER REQUESTING A RESPONSE TO A PETITION FOR WRIT OF MANDAMUS

TOM GRAY, Chief Justice.

Ivo Nabelek has filed a Petition for Writ of Mandamus seeking a ruling by the trial court on a motion that has been on file since May, 2005. The May 25, 2005 motion pending before the trial court is allegedly titled, “Plaintiffs Pro Se Motion for a Court Order to Direct the Defendants and TDCJ ID Not to Destroy Disciplinary Records and Other Evidence and Property Items Pending Discovery and Disposition of This Suit.” Nabelek re-urged his motion in October, 2005. The motion is pending in…