Ex Parte Johnson

Full title: EX PARTE DERRICK JOHNSON

Court: Court of Appeals of Texas, Ninth District, Beaumont

Date published: Oct 28, 2004

No. 09-04-408 CV (Tex. App. Oct. 28, 2004)

Opinion

No. 09-04-408 CV

Opinion Delivered October 28, 2004.

Original Proceeding.

Writ Dismissed.

Before McKEITHEN, C.J., BURGESS and GAULTNEY, JJ.

MEMORANDUM OPINION¹

1 Tex.R.App.P. 47.4.

PER CURIAM.

Derrick Johnson filed an original application for writ of habeas corpus with this Court on September 27, 2004. Our jurisdiction to consider applications for writs of habeas corpus is established by statute. Tex. Gov't Code Ann. § 22.221 (Vernon 2004). See also Tex. Code Crim. Proc. Ann. art. 11.05 (Vernon 1977). We may issue a writ of habeas corpus "when it appears that 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, judgment, or decree previously made, rendered, or entered by the court or judge in a civil case." Id. The matter before the Court is neither an appeal from the district court nor an application for relief from an order in a civil case. The petition is dismissed for want of jurisdiction.