Court of Civil Appeals of Texas, 2024

In Re: Sebra Proutt and Rashad White v. the State of Texas

In Re: Sebra Proutt and Rashad White v. the State of Texas
Court of Civil Appeals of Texas · Decided September 25, 2024

In Re: Sebra Proutt and Rashad White v. the State of Texas

Opinion

DENIED and Opinion Filed September 25, 2024

In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-01063-CV IN RE SEBRA PROUTT AND RASHAD WHITE, Relators Original Proceeding from the County Court at Law No. 1 Rockwall County, Texas Trial Court Cause No. 1-24-1007 MEMORANDUM OPINION Before Justices Molberg, Carlyle, and Breedlove Opinion by Justice Breedlove Before the Court is relators’ September 9, 2024 pro se petition for writ of habeas corpus. Relators ask this Court to compel the trial court to return their children.

To the extent that the petition is filed pro se by relator Sebra Proutt, we decline to consider it because she has been appointed an attorney ad litem. See In re Jones, No. 04-06-00026-CV, 2006 WL 286782, at *1 (Tex. App.—San Antonio Feb. 8, 2006, orig. proceeding) (explaining that absence of right to hybrid representation means relator’s pro se petition for writ of mandamus will be treated as presenting nothing for Court’s consideration).

Relators’ petition also does not comply with the Texas Rules of Appellate Procedure in numerous respects. See TEX. R. APP. P. 52.1; TEX. R. APP. P. 52.3(a)– (c), (e)–(k); TEX. R. APP. P. 52.7(a). Thus, relator’s petition does not meet the requirements of the Texas Rules of Appellate Procedure for consideration of mandamus relief. See In re Guillaume, No. 05-24-00765-CV, 2024 WL 3548511, at *1 (Tex. App.—Dallas July 26, 2024, orig. proceeding) (mem. op.) (denying mandamus relief based on relator’s failure to comply with several Texas Rules of Appellate Procedure).

Accordingly, we deny relators’ petition.

Additionally, based on our review, relators’ petition for writ of mandamus contains unredacted sensitive data, including minors’ full names, in violation of Texas Rule of Appellate Procedure 9.9. See TEX. R. APP. P. 9.9. Accordingly, we also strike relators’ petition.

241063f.p05 /Maricela Breedlove/ MARICELA BREEDLOVE JUSTICE

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