Paul E. Teel v. State of Texas TDCJ Parole Division, et al Appeal from 411th District Court of San Jacinto County (memorandum opinion by chief justice mckeithen)
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In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-15-00276-CV ____________________ PAUL E. TEEL, Appellant V. STATE OF TEXAS TDCJ PAROLE DIVISION, ET AL, Appellees ________________________________________________________________________ On Appeal from the 411th District Court San Jacinto County, Texas Trial Cause No. CV14,264 ________________________________________________________________________ MEMORANDUM OPINION Seeking relief from the Parole Division of the Texas Department of Criminal Justice, Paul E. Teel filed an application for a writ of habeas corpus with the 411th District Court of San Jacinto County, Texas. The court denied the application without issuing the writ and without conducting a hearing. We questioned our jurisdiction and requested a response. Teel filed a response, but failed to establish that the order is appealable. 1 There is no appeal from a refusal to issue a writ of habeas corpus. Ex parte Noe, 646 S.W.2d 230, 231 (Tex. Crim. App. 1983). A habeas applicant may only appeal the denial of relief on the merits. See Ex parte Hargett, 819 S.W.2d 866, 869 (Tex. Crim. App. 1991). The trial court did not rule on the merits of Teel’s application. The appeal is dismissed for lack of jurisdiction. APPEAL DISMISSED. ________________________________ STEVE McKEITHEN Chief Justice Submitted on October 28, 2015 Opinion Delivered October 29, 2015 Before McKeithen, C.J., Horton and Johnson, JJ. 2
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