in Re: Jeffrey Arthur Lipscomb ( 2018 )


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  • Denied and Opinion Filed December 10, 2018
    S    In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-18-01449-CV
    IN RE JEFFREY ARTHUR LIPSCOMB, Relator
    Original Proceeding from the County Court at Law No. 5
    Dallas County, Texas
    Trial Court Cause No. CC-16-04599-E
    MEMORANDUM OPINION
    Before Justices Francis, Evans, and Schenck
    Opinion by Justice Francis
    Before the Court is relator’s one-page “writ of habeas corpus” in which relator complains
    that this Court dismissed three prior civil appeals. As the party seeking relief, the relator has the
    burden of providing the Court with a sufficient record to establish his right to relief. Walker v.
    Packer, 
    827 S.W.2d 833
    , 837 (Tex. 1992) (orig. proceeding). Rules 52.3 and 52.7 require the
    relator to provide “a certified or sworn copy” of certain documents, including any order
    complained of, any other document showing the matter complained of, and every document that
    is material to the relator’s claim for relief that was filed in any underlying proceeding. TEX. R.
    APP. P. 52.3(k)(1)(A), 52.7(a)(1). To obtain habeas corpus relief, the relator must also provide
    proof that he is currently being restrained. TEX. R. APP. P. 52.3(k)(1)(D).
    Relator’s one-page filing includes no request for relief and none of the documents required
    by rules 52.3 and 52.7. Relator has failed to meet his burden and is not entitled to habeas corpus
    relief.
    Accordingly, we deny relator’s December 3, 2018 petition for writ of habeas corpus.
    /Molly Francis/
    MOLLY FRANCIS
    JUSTICE
    181449F.P05
    –2–
    

Document Info

Docket Number: 05-18-01449-CV

Filed Date: 12/10/2018

Precedential Status: Precedential

Modified Date: 12/11/2018