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IN RE SCOTT

No. 98-20982.

163 F.3d 282 (1998)

In Re: Wayne SCOTT, Executive Director of the Texas Department of Criminal Justice, and the members of the Texas Board of Criminal Justice; Allen B. Polunsky; Carole S. Young; John R. Ward; John David Franz; Nancy Patton; Carol S. Vance; Patricia Day; Alfred C. Moran; Alfred M. Stringfellow, Petitioners.

United States Court of Appeals, Fifth Circuit.

December 16, 1998.

Attorney(s) appearing for the Case

Drew Taylor Durham, Ann Kraatz, Sharon Felfe and Louie Victor Carrillo, Asst. Atty. Gens., Austin, TX, for Petitioners.

Mark L. Gross, Marie K. McElderry, U.S. Dept. of Justice, Civil Rights Div., Washington, DC, Donna Brorby, San Francisco, CA, for Ruiz and Defendants-Respondents.

William Bennett Turner, San Francisco, CA, for Ruiz.

Ed Lee Idar, Jr., Richel W. Rivers, Austin, TX, Harry H. Walsh, III, Houston, TX, for Defendants-Respondents.

Before DeMOSS, BENAVIDES and STEWART, Circuit Judges.

PER CURIAM:

The Director of the Texas Department of Criminal Justice and members of the Texas Board of Criminal Justice (the "defendants") petition this Court for a writ of mandamus compelling the district court (1) to rule immediately on a pending motion to terminate ongoing prospective relief and (2) to terminate extra-constitutional aspects of a final judgment approved by the court in December 1992. We decline to compel the district court to act instanter but order...

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