Opinion
No. 05-20-00501-CV
05-08-2020
IN RE DAVID LEE DANIELS III, Relator
Original Proceeding from the 256th Judicial District Court Dallas County, Texas
Trial Court Cause No. DF-18-19199
ORDER
On April 29, 2020, relator filed a petition seeking a writ of mandamus for his immediate release from confinement for failure to pay child support, to vacate void orders and judgments, a change of venue, and relief under the uniform commercial code. This original proceeding was assigned cause number 05-20-00501-CV.
On May 4, 2020, relator tendered for filing a petition for writ of habeas corpus asserting that his confinement in jail for not paying child support constitutes imprisonment for debt without a trial, that various trial court orders are void, that child support enforcement violates federal law and the uniform commercial code, and that he should receive damages. Although relator intended to file the May 4, 2020 petition in his direct appeal assigned as cause no. 05-20-00428-CV and styled In the Interest of D.F.D. and T.Z.D., Children, the petition is an original appellate proceeding requesting extraordinary relief.
Because the April 29, 2020 petition for writ of mandamus and the May 4, 2020 petition for writ of habeas corpus are both original proceedings, arise from the same judicial proceedings, and request similar extraordinary relief, the Court concludes they should be administratively consolidated under cause no. 05-20-00501-CV.
Accordingly, the Court DIRECTS the Clerk of the Court to file relator's May 4, 2020 petition for writ of habeas corpus into cause no. 05-20-00501-CV. Relator's petition shall be deemed filed on May 4, 2020. The Court will issue a ruling on the petitions in due course.
/s/ ROBERT D. BURNS, III
CHIEF JUSTICE