in Re Dirniturl Washington, Jr. ( 2006 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-06-358 CV ____________________

IN RE DIRNITURL WASHINGTON, JR.

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Original Proceeding

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MEMORANDUM OPINION

Dirniturl Washington, Jr. filed a petition for writ of habeas corpus. Washington used the form for a post-conviction application for a writ of habeas corpus. See Tex. R. App. P. appendix (Vernon 2003). On August 31, 2006, we notified the relator that his petition did not contain the information required to obtain civil habeas relief in this Court, referred him to Texas Rule of Appellate Procedure 52 for the appropriate procedure, and provided time to amend the petition. Relator neither amended his petition nor filed any other response.

An original petition for writ of habeas corpus filed in the Court of Appeals is controlled by Texas Rule of Appellate Procedure 52. See Tex. R. App. P. 52. The petition must be supported by an appendix that contains a certified or sworn copy of any order complained of, or any other document showing the matter complained of, and proof that the relator is being restrained. Tex. R. App. P. 52.3(j). The relator must also file an authenticated transcript of any relevant testimony from any underlying proceeding. Tex. R. App. P. 52.7(a). Because Washington has not provided the Court with a sufficient record to determine whether he is entitled to the relief sought, the petition for writ of habeas corpus is denied without prejudice to refiling.

WRIT DENIED.

PER CURIAM

Opinion Delivered October 19, 2006

Before McKeithen, C.J., Gaultney and Kreger, JJ.