in Re Seth Rountree ( 2009 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

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NO. 03-09-00577-CV

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In re Seth Rountree

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ORIGINAL PROCEEDING FROM WILLIAMSON COUNTY

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O R D E R

In this cause, Seth Rountree, a prison inmate acting pro se, petitioned for a writ of mandamus compelling the district court to enter a judgment nunc pro tunc giving him credit for time spent on community supervision in Williamson County cause number 98-897-K26. On October 20, 2009, the petition was denied in an opinion explaining that Rountree was not entitled to the time credit he sought.

Rountree has now filed a motion to abate final decision and a supplemental motion to abate with brief and exhibits. Although filed in the mandamus proceeding, these motions relate to a writ of habeas corpus filed by Rountree in the district court pursuant to article 11.07. See Tex. Code Crim. Proc. Ann. art. 11.07 (West Supp. 2009). This Court has no jurisdiction over article 11.07 writ applications, which must be filed in the district court and then forwarded to the Texas Court of Criminal Appeals for a ruling. Id. art. 11.07, § 3. The motion and supplemental motion to abate final decision are overruled.

It is ordered December 18, 2009

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Jan P. Patterson, Justice

Before Justices Patterson, Puryear and Pemberton

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