in Re Ramon Ruiz

• Court: Court of Appeals of Texas
• Decided: April 30, 2013
• Docket: 02-13-00148-CV
• Status: Published

Opinion

COURT OF APPEALS

SECOND DESTRICT OF TEXAS FORT WORTH

NO. 02w13w00148-CV

lN RE RAMON RUIZ RELATOR

The court has considered relator’s petition for writ of habeas corpus and is of the tentative opinion that reiator is entitled to the relief sought or that a serious question concerning the relief requires further consideration. Thus, relator shall be immediately discharged on execution and filing of a bond in the amount of $500.00 and to be approved by the Sheriff of Denton County, Texas, pending a fine! determination of relator’s petition for writ of habeas corpus and until otherwise ordered by this court.

The reai party in interest shall fits any response to relator’s petition for writ

of habeas corpus by 5:00 pm. on Friday, May 10, 2013.

Any reply shall be filed by 5:00 pm. on Wednesday, May 15, 2013. However, the court may consider and decide the case before a reply is filed Tex. R. App. P. 52.5.

The clerk of this court is directed to transmit a copy of the order to the attorneys of record, the trial court ludge, and the trial court clerk.

DATED April 30, 2013.

PER CURIAM

PANEL: GARDNER, WALKER, and MCCOY, JJ.

SECOND DISTRICT OF TEXAS FORT WORTH

NO. 02-13—00148-CV

EN RE RAMON RUIZ RELATOR

TO THE SHERIFF OF DENTON COUNTY, TEXAS:

Ramon Ruiz, relator has petitioned the Court of Appeals for the Second District of Texas for a writ of habeas corpus, alleging that he is illegally restrained of his iiberty by you in Denton County, Texas by virtue of a writ of commitment from the 211th District Court of Denton County, Texas.

On Monday, April 29, 2013, the Court of Appeals for the Second District of Texas filed relator’s petition and ordered as follows:

The court has considered relator’s petition for writ of habeas corpus and is of the tentative opinion that relator is entitled to the relief

sought or that a serious question concerning the reiief requires

further consideration. Thus, reiator shaii be immediateiy discharged

on execution and filing of a bond in the amount of $500.00 and to be

approved by the Sheriff of Benton County, Texas, pending a final

determination of relator’s petition for writ of habeas corpus and until otherwise ordered by this court.

Therefore, you are commanded to immediately discharge relator if you take the bond of relator in the sum of $500.00 in the terms and conditions of law that he will abide by the decision of this court, which bond you will approve in your official capacity and forward to the cierk of this court.

Execute this order of discharge on writ of habeas corpus under the

penalties prescribed by law.

ESSUED April 30, 2013.

,, , DEBRA SPiSAK, CLERK ;

ATTEST: . . V * BOB MCCOY JUSTICE By: Rose M. Stewart, Deputy Clerk

RETURN

i waive formal service upon me of this order of discharge on writ of habeas corpus, and under the authorization and direction l have received from the cierk of the Court of Appeais for the Second District of Texas, i have discharged Ramon Ruiz, relator, from my custody upon taking, approving, and transmitting to the clerk the bond prescribed in the order of discharge on writ of habeas corpus.

Executed and returned to the court on this day of ,20_.

NO. 02~13~00148-CV

iN RE RAMON RUiZ RELATOR THE STATE OF TEXAS ) DENTON COUNTY ; BOND We, , as principal, and ,

as surety, acknowledge ourselves bound to William B. Travis, Sheriff of Benton County, Texas and his successors in office, in the sum of $500.00, conditioned that if relator does not obey the orders of the court entered in this proceeding,

then this obligation shall be void; otherwise, it shalt remain in force.

Signed this day of , 20

[NAME], Principai

[NAME], Surety Approved this _ day of , 20%, William B. Travis, Sheriff, Denton County, Texas. WELLEAM B. TRAVIS, SHERIFF

By: Deputy