in Re Isaiah Paul Delao

• Court: Court of Appeals of Texas
• Decided: April 6, 2022
• Docket: 10-22-00073-CV
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-22-00073-CV

IN RE ISAIAH PAUL DELAO

From the 54th District Court McLennan County, Texas Trial Court No. 2004-1060-C

Original Proceeding

MEMORANDUM OPINION

Relator’s petition for writ of mandamus filed on March 21, 2022, is denied.1

STEVE SMITH Justice

1 This proceeding has been filed as a civil matter as it relates to relator’s challenge to the trial court’s withdrawal order under section 501.014(e) of the Texas Government Code, which is a civil proceeding. See TEX. GOV’T CODE ANN. § 501.014(e); see also Armstrong v. State, 340 S.W.3d 759, 766 (Tex. Crim. App. 2011); Harrell v. State, 286 S.W.3d 315, 321 (Tex. 2009). However, relator, who is currently incarcerated, has not filed an affidavit of indigence, nor has he complied with the requirements of Chapter 14 of the Civil Practice and Remedies Code. See TEX. CIV. PRAC. & REM. CODE ANN. §§ 14.001-.014; see also TEX. R. APP. P. 20. Because of our disposition and to expedite it, we will implement Texas Rule of Appellate Procedure 2 and suspend these requirements in this proceeding. See TEX. R. APP. P. 2. Relator must comply with Texas Rule of Appellate Procedure 20 and Chapter 14 of the Texas Civil Practice and Remedies Code should he file any subsequent proceedings challenging the trial court’s withdrawal order. Before Chief Justice Gray, Justice Smith, and Justice Wright2 Petition denied Opinion delivered and filed April 6, 2022 [OT06]

2 The Honorable Jim R. Wright, Senior Chief Justice (Retired) of the Eleventh Court of Appeals, sitting by assignment of the Chief Justice of the Texas Supreme Court. See TEX. GOV’T CODE ANN. §§ 74.003, 75.002, 75.003.

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