Opinion
No. 05-14-01422-CV
12-02-2014
IN RE TERRENCE M. GORE, Relator
Original Proceeding from the 302nd Judicial District Court Dallas County, Texas
Trial Court Cause No. DF12-12707-U
ORDER
Before the Court are relator's "Motion to Set Aside Opinion and For Rehearing Writ of Habeas Corpus" and relator's "Request for Emergency Temporary Relief Pending Petition for Writ of Habeas Corpus." In his motion for rehearing, relator requests that the Court reconsider its denial of his petition for writ of habeas corpus because he has now filed a properly redacted appendix to the petition. The Court's opinion in this case was based on relator's failure to establish that he is restrained as required by the rules of appellate procedure. TEX. R. APP. P. 52.3(k)(1)(D). The Court noted in its order accompanying the opinion that it had considered relator's appendix in determining the petition prior to striking the appendix as non-compliant with the redaction rules.
Neither relator's motion for rehearing, his now redacted appendix, nor his motion for emergency relief establish that relator is restrained. Accordingly, he has not established a right to relief. We DENY the motion for rehearing and DENY the motion for emergency temporary relief.
/s/ DAVID L. BRIDGES
JUSTICE