Court of Civil Appeals of Texas, 2022

in Re Jeffery Dewayne Byrd

in Re Jeffery Dewayne Byrd
Court of Civil Appeals of Texas · Decided April 27, 2022

in Re Jeffery Dewayne Byrd

Opinion

IN THE TENTH COURT OF APPEALS No. 10-22-00110-CR IN RE JEFFERY DEWAYNE BYRD

Original Proceeding ______________ From the 54th District Court McLennan County, Texas Trial Court No. 95-78-C

MEMORANDUM OPINION In this proceeding, Jeffery Dewayne Byrd seeks a writ of mandamus from this Court compelling the trial court to withdraw an order to withhold funds from his inmate account. The procedure necessary to complain about an order to withhold funds from an inmate account was described in Harrell v. State, 286 S.W.3d 315 (Tex. 2009). Pursuant to that procedure, a motion complaining about the withdrawal order should be filed with the trial court clerk for the trial court that signed the order. In re Buhl, 622 S.W.3d 396, (Tex. App.—Waco 2020, orig. proceeding). If the trial court denies the relief requested in the motion, then an appeal, which will be a civil proceeding, can be taken from that denial. Id. TOM GRAY Chief Justice Before Chief Justice Gray, Justice Smith, and Justice Rose 1 Petition denied Opinion delivered and filed April 27, 2022 Do not publish [OT06]

The Honorable Jeff Rose, Former Chief Justice of the Third Court of Appeals, sitting by assignment of the Chief Justice of the Texas Supreme Court. See TEX. GOV'T CODE §§ 74.003, 75.002, 75.003.

In re Byrd Page 2

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