TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-07-00070-CV

In re Brian Lee Pope

ORIGINAL PROCEEDING FROM COMAL COUNTY

PER CURIAM

Relator Brian Lee Pope filed a petition for writ of habeas corpus and motion for emergency stay on February 2, 2007, challenging the district court's January 29, 2007 order for commitment to county jail. See Tex. R. App. P. 52.1, 52.10(a). We grant relator's motion for emergency stay of the order and allow his release from custody pending our disposition on the merits of his petition for writ of habeas corpus. See Tex. R. App. P. 52.8(b)(3). The Court requests that the real party in interest file a response to relator's petition for writ of habeas corpus by 5:00 p.m. on Monday, February 12, 2007. See Tex. R. App. P. 52.8(b)(1).

It is ordered February 2, 2007.

Before Chief Justice Law, Justices Puryear and Waldrop