in Re Isaiah Paul Delao ( 2022 )

IN THE
TENTH COURT OF APPEALS
No. 10-22-00073-CV
IN RE ISAIAH PAUL DELAO
From the 54th District Court
McLennan County, Texas
Trial Court No. 2004-1060-C
Original Proceeding
MEMORANDUM OPINION
Relator’s petition for writ of mandamus filed on March 21, 2022, is denied.1
STEVE SMITH
Justice
1 This proceeding has been filed as a civil matter as it relates to relator’s challenge to the trial court’s
withdrawal order under section 501.014(e) of the Texas Government Code, which is a civil proceeding. See
TEX. GOV’T CODE ANN. § 501.014(e); see also Armstrong v. State, 340 S.W.3d 759, 766 (Tex. Crim. App. 2011);
Harrell v. State, 286 S.W.3d 315, 321 (Tex. 2009). However, relator, who is currently incarcerated, has not
filed an affidavit of indigence, nor has he complied with the requirements of Chapter 14 of the Civil Practice
and Remedies Code. See TEX. CIV. PRAC. & REM. CODE ANN. §§ 14.001-.014; see also TEX. R. APP. P. 20.
Because of our disposition and to expedite it, we will implement Texas Rule of Appellate Procedure 2 and
suspend these requirements in this proceeding. See TEX. R. APP. P. 2. Relator must comply with Texas Rule
of Appellate Procedure 20 and Chapter 14 of the Texas Civil Practice and Remedies Code should he file
any subsequent proceedings challenging the trial court’s withdrawal order.
Before Chief Justice Gray,
Justice Smith,
and Justice Wright2
Petition denied
Opinion delivered and filed April 6, 2022
[OT06]
2 The Honorable Jim R. Wright, Senior Chief Justice (Retired) of the Eleventh Court of Appeals,
sitting by assignment of the Chief Justice of the Texas Supreme Court. See TEX. GOV’T CODE ANN. §§ 74.003,
75.002, 75.003.
In re Delao Page 2