Court of Civil Appeals of Texas, 2016

in Re Herman Lee Kindred

in Re Herman Lee Kindred
Court of Civil Appeals of Texas · Decided July 26, 2016

in Re Herman Lee Kindred

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-16-00481-CV

In re Herman Lee Kindred

ORIGINAL PROCEEDING FROM BELL COUNTY

MEMORANDUM OPINION

On June 23, 2016, relator Herman Lee Kindred, an inmate proceeding pro se, filed a petition for writ of mandamus, which this Court denied.1 In the petition, Kindred had asserted that the County Court at Law No. 2 of Bell County had failed to rule on and forward to this Court an application for writ of habeas corpus that Kindred claimed to have filed in the court below. This Court concluded that Kindred had failed to show himself entitled to the extraordinary relief requested.2 Kindred has now filed another petition for writ of mandamus, re-urging the same contentions that he made in his earlier petition. Kindred has again failed to demonstrate that he is entitled to mandamus relief. Accordingly, for the reasons explained in our previous opinion and

See In re Kindred, No. 03-16-00423-CV, 2016 Tex. App. LEXIS 7099, at *3 (Tex. App.—Austin July 7, 2016, orig. proceeding).

See id. at *1-3. other opinions rejecting similar claims made by Kindred, we deny the petition for writ of mandamus.3

__________________________________________ Bob Pemberton, Justice Before Justices Puryear, Pemberton, and Field Filed: July 26, 2016

See Tex. R. App. P. 52.8(a); Kindred, 2016 Tex. App. LEXIS 7099, at *1-3; see also Kindred v. State, No. 03-16-00163-CR, 2016 Tex. App. LEXIS 3399 , at *1-2 (Tex. App.—Austin Apr. 1, 2016, no pet.) (mem. op., not designated for publication); Kindred v. State, No. 10-16-00020-CR, 2016 Tex. App. LEXIS 946, at *1-2 (Tex. App.—Waco Jan. 28, 2016, no pet.) (mem. op., not designated for publication).

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