In Re: Michael A. Ruff v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: March 15, 2024
• Docket: 05-24-00298-CV
• Status: Published

Opinion

DENIED and Opinion Filed March 15, 2024

In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-00298-CV

IN RE MICHAEL A. RUFF, Relator

Original Proceeding from the Probate Court No. 2 Dallas County, Texas Trial Court Cause No. PR-11-02825-2

MEMORANDUM OPINION Before Justices Partida-Kipness, Nowell, and Miskel Opinion by Justice Partida-Kipness Before the Court is relator’s March 12, 2024 petition for writ of habeas corpus

or, alternatively, writ of mandamus and emergency motion for temporary relief. In

his petition, relator challenges a trial court’s writ of attachment commanding that

relator be taken into custody and delivered to jail for his failure to appear at a show-

cause hearing and to ensure his appearance at the next hearing. In his emergency

motion, relator seeks a stay of the writ of attachment and all proceedings related to

his contempt or incarceration pending this Court’s action on his petition.

After reviewing relator’s petition and the record before us, whether properly

construed as a writ of habeas corpus or a writ of mandamus, we conclude that relator has failed to demonstrate entitlement to relief. Accordingly, we deny the petition.

See TEX. R. APP. P. 52.8(a).

We also deny as moot relator’s emergency motion.

/Robbie Partida-Kipness// 240298f.p05 ROBBIE PARTIDA-KIPNESS JUSTICE

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