Opinion
NO. WR-91,293-01
07-22-2020
EX PARTE ELROY TOMPKINS, JR., Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 22902020101A-4 IN THE 2ND DISTRICT COURT FROM HARRIS COUNTY Per curiam. ORDER
Applicant has filed a motion for leave to file an Application for an Original Writ of Habeas Corpus. Applicant's motion for leave to file is denied.
Applicant alleges that he is illegally restrained because he has been confined pursuant to a blue warrant since April 30, 2020, but the Board of Pardons and Parole has failed to initiate revocation proceedings. Applicant does not request that the Board go forward with revocation proceedings but instead asks this Court to order that his blue warrant be lifted so that he can post bail "on new charges of 'escape while arrested.'"
"A claim that parole or other form of administrative release has been unlawfully revoked [including alleged irregularities during the proceedings] must be brought to the attention of the convicting court under Article 11.07[.]" Bd. of Pardons & Paroles ex rel. Keene v. Court of Appeals for the Eighth Dist., 910 S.W.2d 481, 483 (Tex. Crim. App. 1995). Applicant has an adequate remedy at law. See id.; Alvarez v. Eighth Court of Appeals, 977 S.W.2d 590, 591 (Tex. Crim. App. 1998). Filed: July 22, 2020
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