IN THE
TENTH COURT OF APPEALS
No. 10-13-00117-CR
IN RE MICHAEL JON BAILEY
Original Proceeding
ORDER
Michael Jon Bailey filed a petition for writ of prohibition in this Court on April
16, 2013. We dismissed his petition on May 2, 2013 because we determined that only
the Court of Criminal Appeals has jurisdiction to issue a writ of prohibition. See In re
Bailey, No. 10-13-00117-CR, 2013 Tex. App. LEXIS _______ (Tex. App.—Waco May 2,
3013, orig. proceeding). See also TEX. CONST. art. V, § 5(c); TEX. CODE CRIM. PROC. art.
4.04, sec. 1 (West 2005); In re Ruston, No. 05-13-00417-CV, 2013 Tex. App. LEXIS 4268
(Tex. App.—Dallas Apr. 3, 2013, orig. proceeding) (mem. op.); Allen v. Guarino, 635
S.W.2d 129, 129 (Tex. App.—Houston [1st Dist.] 1981, orig. proceeding).
In the interim, Bailey filed a “Request or Motion for Temporary Injunction” on
April 24, 2013 asking that we issue an injunction prohibiting the “lower courts” from
taking any action in the cases below until we make our decision on the petition for writ
of prohibition.
Because we issued an opinion on May 2, 2013 dismissing Bailey’s petition for
writ of prohibition and because we determined we have no jurisdiction to issue a writ
of prohibition, we dismiss Bailey’s motion for temporary injunction as moot and for
want of jurisdiction.
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Motion dismissed
Order issued and filed May 9, 2013
In re Bailey Page 2