in Re James Rubio

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-22-00151-CV
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IN RE JAMES RUBIO
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Original Proceeding
435th District Court of Montgomery County, Texas
Trial Cause No. 11-04-04400-CV
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MEMORANDUM OPINION
In a petition for a writ of mandamus, James Rubio complained that the trial
court failed to rule on an application for a writ of habeas corpus that Rubio filed as
a challenge to a 2011 civil commitment order. We requested a response from the
State of Texas. In its response, the State provided a copy of the trial court’s June 27,
2022 order denying Rubio’s application for a writ of habeas corpus.1 Thus, Rubio’s
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The order denying the application for a writ of habeas corpus neither states
that the writ had issued nor that the trial court held an evidentiary hearing on the
application. See Ex parte Miller, No. 09-08-00194-CV, 2008 WL 5780816 at *1
(Tex. App.—Beaumont Apr. 2, 2009, no pet.) (dismissing appeal challenging the
trial court’s denial of his application for a writ of habeas corpus).
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complaint that the trial court failed to rule on his application for a writ of habeas
corpus is moot.
After considering the petition and the record, we conclude the relator has not
shown that he is presently entitled to mandamus relief because he has already
received all the relief that he requested in his petition to this Court. Accordingly, we
deny the petition for a writ of mandamus.
PETITION DENIED.
PER CURIAM
Submitted on July 27, 2022
Opinion Delivered July 28, 2022
Before Kreger, Horton and Johnson, JJ.
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