In re Earnest Akins--Appeal from 225th Judicial District Court of Bexar County

No. 04-01-00667-CV
IN RE Earnest AKINS
Original Habeas Corpus Proceeding
Arising from the 45th Judicial District Court, Bexar County, Texas
Trial Court No. 84-CI-19629
Honorable James A. Rausch, Judge Presiding

PER CURIAM

Sitting: Phil Hardberger, Chief Justice

Tom Rickhoff, Justice

Catherine Stone, Justice

Delivered and Filed: November 7, 2001

DENIED WITHOUT PREJUDICE

On October 17, 2001, relator, Earnest Akins, filed a petition for writ of habeas corpus. Akins contends that he was found in contempt for failure to pay child support as ordered. Akins asserts that his due process rights were violated.

Rule 52 of the Texas Rules of Appellate Procedure sets forth the requirements that must be met in filing a petition for writ of habeas corpus. Rule 52.3 requires that the appendix to a habeas petition include: (1) a certified copy of any order complained of; and (2) proof that the relator is being restrained. See Tex. R. App. P. 52.3(j). In addition, rule 52.7 requires the relator to file a properly authenticated transcript of any relevant testimony from any underlying proceeding or a statement that no testimony was adduced in connection with the matter complained. See Tex. R. App. P. 52.7. Because Akin's petition fails to comply with rule 52, the petition is DENIED without prejudice to Akin's ability to refile a petition in compliance with the rules.

PER CURIAM

DO NOT PUBLISH