Ex Parte Phrory Moran Gamble ( 2011 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-11-00507-CR
EX PARTE PHRORY
MORAN GAMBLE
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FROM THE 396TH DISTRICT COURT OF TARRANT COUNTY
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MEMORANDUM OPINION1
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Appellant Phrory Moran Gamble attempts to appeal the October 25, 2011
denial of his motion to recuse the Honorable Judge George Gallagher from
presiding over the evidentiary hearing on his habeas corpus application filed
pursuant to article 11.07 of the code of criminal procedure. See Ex parte
Sinegar, 324 S.W.3d 578, 581 (Tex. Crim. App. 2010) (holding that rule of civil
procedure 18a applies in habeas proceedings that occur before the trial court).
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See Tex. R. App. P. 47.4.
On November 14, 2011, we sent Gamble a letter stating our concern that
we lacked jurisdiction over the appeal because he did not appear to be appealing
from a judgment or other appealable order. See McKown v. State, 915 S.W.2d
160, 161 (Tex. App.—Fort Worth 1996, no pet.) (“We do not have jurisdiction to
review interlocutory orders unless that jurisdiction has been expressly granted to
us by law.”); see also Tex. R. Civ. P. 18a(j)(1)(A) (“An order denying a motion to
recuse may be reviewed only for abuse of discretion on appeal from the final
judgment.” (emphasis added)).
We instructed Gamble or any party desiring to continue the appeal to file a
response by November 28, 2011, showing grounds for continuing the appeal or
the appeal would be dismissed. See Tex. R. App. P. 44.3. Gamble filed a
response, but it does not show grounds for continuing the appeal. Therefore, we
dismiss the appeal. See Tex. R. App. P. 43.2(f).
PER CURIAM
PANEL: MCCOY, MEIER, and GABRIEL, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: December 22, 2011
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