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in Re: Rosa Serrano
08-15-00285-CV
| Tex. App. | Sep 23, 2015
|
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Case Information

*1 COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS ' ' No. 08-15-00285-CV IN RE: ROSA SERRANO, ' AN ORIGINAL PROCEEDING ON Relator. ' PETITION FOR HABEAS CORPUS ' MEMORANDUM OPINION

Relator, Rosa Serrano, has filed a petition for writ of habeas corpus seeking relief from two contempt orders entered by the Honorable Virgil Mulanax, Presiding Judge of the County Court at Law No. 7 of El Paso County, Texas. The requested relief is denied.

This is the third original proceeding Relator has filed with respect to one of the contempt orders. See In re: Rosa Serrano , 08-15-00284-CV, 2015 WL 5440820 (Tex.App.--El Paso September 16, 2015, orig. proceeding); In re: Rosa Serrano , 08-15-00269-CV, 2015 WL 4940045 (Tex.App.--El Paso August 19, 2015, orig. proceeding). In cause number 08-15-00269- CV, we expressly denied relief due to procedural defects and some of those same defects are present in this case.

Relator’s petition is defective because it is not certified as required by T EX .R.A PP .P. 52.3(j). Further, Relator has failed to satisfy her burden of providing the Court with a record sufficient to establish her right to habeas corpus relief. According to the petition, Judge Mulanax *2 entered two orders on June 17, 2015 holding Relator in contempt and ordering her confined in the El Paso County Jail. A party who files a petition for writ of habeas corpus in a court of appeals is required to include with the petition an appendix containing a certified or sworn copy of any order complained of and proof that the relator is restrained. T EX .R.A PP .P. 52.3(k)(1)(A), (D). Relator has included in her appendix a copy of the contempt orders, but she has not provided any proof that she is restrained. Additionally, Relator has not filed a reporter’s record of the contempt hearing. See T EX .R.A PP .P. 52.7(a). Accordingly, we deny the petition for writ of habeas corpus. September 23, 2015

ANN CRAWFORD McCLURE, Chief Justice Before McClure, C.J., Rodriguez, and Hughes, JJ. (Hughes, J., not participating)

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Case Details

Case Name: in Re: Rosa Serrano
Court Name: Court of Appeals of Texas
Date Published: Sep 23, 2015
Docket Number: 08-15-00285-CV
Court Abbreviation: Tex. App.
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