In re Allan

Full title: IN RE JIMMY ALLAN, Speed

Court: Court of Appeals of Texas, Eleventh District, Eastland

Date published: Sep 15, 2005

No. 11-05-00291-CR (Tex. App. Sep. 15, 2005)

Opinion

No. 11-05-00291-CR

September 15, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

Appeal from Nolan County.

Panel consists of: WRIGHT, J., and McCALL, J.¹

1 W.G. Arnot, III, Chief Justice, retired effective July 31, 2005. The chief justice position is vacant.

OPINION

PER CURIAM.

On July 29, 2005, the trial court signed an order denying Jimmy Allan Speed's pro se motion to recuse Honorable Glen Harrison from ruling on Speed's post-felony conviction writ of habeas corpus. Speed is attempting to appeal. The clerk's record filed in this court reflects that Judge Harrison voluntary recused himself in an order signed on August 2, 2005. The July 29 order is not an appealable order. Moreover, any complaints regarding Judge Harrison's ability to hear the writ are moot. Speed has not responded to our letter of August 25, 2005, advising him that it appeared this court did not have jurisdiction over this appeal and requesting that he respond showing grounds for continuing his appeal. The appeal is dismissed for want of jurisdiction.