in Re James Rubio ( 2019 )

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.
2