in Re James Rubio

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-19-00230-CV __________________

IN RE JAMES RUBIO __________________________________________________________________

Original Proceeding th 435 Judicial District Court of Montgomery County, Texas Trial Cause No. 11-04-04400-CV __________________________________________________________________

MEMORANDUM OPINION

James Rubio filed a pro se petition for civil writ of habeas corpus, in which

he complains of his commitment as a sexually violent predator following a jury trial

in the 435th Judicial District Court. In his petition, Rubio complains about his jury

trial wherein the jury found him to be a “sexually violent predator” and the statutory

procedure governing his trial.

Courts of Appeals have original jurisdiction to issue a civil writ of habeas

corpus only when “the restraint of liberty is by virtue of an order, process, or

commitment issued by a court or judge because of the violation of an order,

1 judgment, or decree previously made, rendered, or entered by the court or judge in

a civil case.” Tex. Gov’t Code Ann. § 22.221(d) (West Supp. 2018). Rubio’s petition

is not within this Court’s jurisdiction under section 22.221(d). We dismiss Rubio’s

petition for lack of jurisdiction.

PETITION DISMISSED.

PER CURIAM

Submitted on August 21, 2019 Opinion Delivered August 22, 2019

Before Kreger, Horton, and Johnson, JJ.