in Re Lamonica Fox

• Court: Court of Appeals of Texas
• Decided: March 19, 2019
• Docket: 01-19-00155-CV
• Status: Published

Opinion

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: In re Lamonica Fox

Appellate case number: 01-19-00155-CV

Trial court case number: 2013-55225

Trial court: 247th District Court of Harris County

Lamonica Fox has filed a petition for writ of habeas corpus in this Court. In connection with a petition for writ of habeas corpus, a relator must include proof of restraint. See TEX. R. APP. P. 52.3(k)(1)(D). Although she claims in her petition that she is restrained of her liberty in the Harris County Jail, Fox has not provided proof that she is in custody. Absent proof of restraint in some form, Fox is not entitled to relief. See Ex parte Crawford, 506 S.W.2d 920, 921 (Tex. App.—Tyler 1974, orig. proceeding) (holding that failure to provide proof of confinement or restraint precluded issuance of writ). The Court will consider proof of custody or restraint, such as a sheriff’s certificate or other document establishing custody, if relator files this proof by 5:00 p.m. Friday, March 22, 2019. It is so ORDERED.

Judge’s signature: ____/s/ Peter Kelly____  Acting individually  Acting for the Court

Date: __March 19, 2019___