## NO. 12

- 20

- 00165

- CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS

IN RE:

STEVEN KURT BAUGHMAN ,
RELATOR §
§
§ ORIGINAL PROCEEDING

MEMORANDUM OPINION PER CURIAM
S teven Kurt Baughman , acting pro se, filed this original proce eding to comp l ain of Respondent ’ s alleged inaction in his lawsuit again st the Texas Departmen t of Crimina l Justice

Ins ti tutional Division and certain TDCJ employees

. 1 H e says that on June 24, 2019, he filed his
lawsuit and November 29, 2019, he submitted a motion for appo intment of counsel, dec laration in supp ort o f the motion, and a memorandum of law in support of the motion

. On December 18, Respondent ’ s adm in istrative assistant told Baughman , “ Judge Davis is unable to provide you legal advice or guidanc e regarding th is case. Please apply for services from t he State Counsel
for [O]ffenders for an appoi nted attorney. ” In a letter dated May 1, 2020, the State C ounsel for
Offenders informed Baughman th at it does not assist on civil matter s. On May 26 , Bau ghman
filed a motion to recuse Responden t.
Accor ding to Baughm an , R espo ndent refuse s to m ake w ritten rulings in the litigation, and stated he will not proce ss or entertain his tort claim or civil rights claim, mot ions, pleadings, or other papers unless B aughm an is represented by the State Coun sel for Offend e rs

. Baughm an maintains that Respond ent has a ministerial duty to all ow access to the court , to screen th e case , to order service of process , and to recuse him self or forward the motion for recusal to th e regional presiding judg e

. H e asks t hat we order Respondent to screen/process , order service , and

1 Respondent is the Honorable Michael Davis, Judge of the 369th District Court in Anderson County, Texas. From the s c an t record before us, it appears that t he Texas Departmen t of Crimina l Ju stice

- Institutional Division and certain TDCJ employees are the Real Parties in Interest.issue written rulings on all pending motions, or alterna ti vely, recuse himself and hav e the case assigned to another court.
T he Anderson County District C lerk ’ s Office provided this C ourt with a n order of recusal signed by Respondent , as well as an order by the regional presiding judge transferr ing the case to
th e 87 th D istr ict Court in Anderson County, over which Judge Deborah Oakes Evans presides.
Accord ingly, Baughman has received the relief he requests , in the form of recusal and tran sfer. For this reason, we dismiss the pe tition for writ of mandamus as mo o t

. 2 See I n re Gonzalez , No.
0 4

- 19

- 00287

- CV, 2019 WL 211 0 086, at *1 (Tex. App.

— San Antonio May 15 , 2019, orig. proceeding) (mem. op.) (dism issing as moot mandamus petition , which challenged failure to take
action on motion to recuse, because relato r obtaine d relief requested once respondent recused
h erself) ; see also In re Jackson , No. 01

- 12

- 00020

- CV, 2012 W L 405707, at *1 (Tex. App.

— Houston [1st Di st.] Feb. 9, 2012, orig. proceeding) (mem. op.) (dismissing mandamus proceeding as moot because relator received reli ef requested when act he sought to compel, i.e., forwarding notice of appeal to appellate court, had already occurred)

. Opinion delivered September 2, 2020. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley , J.

2 In a supplement, Baughman complains that the 369 th District Court failed to serve him with the recusal and transfer orders. He further requests that mandamus “be issued to the 87 th District Court of Anderson County[.] ” The case is no longer in t he 369 th District Court, and he has not identified any action or inaction by the 87 th District Court that warrants imposition of a writ of mandamus at this time.

## COURT OF APPEALS

TWELF TH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

SEPT EMBER 2 , 2020

NO

. 12

- 20

- 00165

- CV

STEVEN KURT BAUGHMAN , Re lator V.

HON. MICHAEL DAVIS , Respondent

O RIGINAL P ROCEEDING

ON THIS DAY came to be heard the peti tion for writ of mandamus filed by Steve n K urt Baughman ; who is the relator in appellate cause number 12

- 20

- 00165

- CV and
the plaintiff in trial court cause number DCCV

- 19

- 1067

- 87 , formerly pending on the docket of
the 369 th Judicial District Court of Anderson County , Texas . Said petition for w rit of man damus having been filed herein on July 27, 2020 , and the same ha ving been du ly considered, because it
is the opinion of this Court that the writ should not iss ue , it is therefore CONSIDERED, ADJUDGED and ORDERED that the said petition for writ of ma ndamus be, and the same is,
hereb y dismissed as moot

. By per curiam op i nion. Panel consisted of Worthen, C.J., H oyle, J. and Neeley, J.