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Texas Court of Appeals Dismisses Prisoner's Petition for a Writ of Injunction

by Matt Clarke

On March 9, 2016, a Texas court of appeals dismissed a prisoner's writ of injunction because the prisoner had no other proceeding in that court.

Tracey W. Murphy, a Texas state prisoner, filed an original proceeding seeking a temporary injunction, and ultimately a permanent injunction, against prison staff, alleging it is necessary to prevent the destruction of confiscated legal and religious materials. The court noted that the writ of injunction is limited to cases in which it has jurisdiction of a pending proceeding and Murphy had no such proceeding in the court. Therefore, it dismissed the petition for a writ of injunction. However, in its footnotes, the court noted its dismissal of a pending appeal by Murphy on the same day the opinion was issued. See: In re: Murphy, Tex.App.-Tyler, No. 12-16-00065-CV


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Related legal case

In re: Murphy