Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-13-00305-CV
EX PARTE Christopher ESQUIVEL
Original Habeas Corpus Proceeding 1
PER CURIAM
Sitting: Karen Angelini, Justice
Marialyn Barnard, Justice
Patricia O. Alvarez, Justice
Delivered and Filed: May 22, 2013
PETITION FOR WRIT OF HABEAS CORPUS DENIED
On May 10, 2013, Relator Christopher Esquivel filed an original habeas corpus
proceeding. Relator alleges that he has been sentenced to 180 days in county jail after being held
in contempt for failure to pay child support. Relator provides numerous grounds for why he is
entitled to habeas corpus relief and seeks to be released from custody.
However, it is Relator’s burden to provide this court with a record sufficient to establish
his right to habeas corpus relief. See TEX. R. APP. P. 52.3(k)(1)(D) (if a writ of habeas corpus is
sought, relator must include in the appendix proof that the relator is being restrained); TEX. R.
APP. P. 52.7(a)(1)-(2) (a relator must filed with the petition: (1) “a certified or sworn copy of
every document that is material to the relator’s claim for relief and that was filed in any
1
This proceeding arises out of Cause No. 1998-CI-07272, in the 224th Judicial District Court, Bexar County, Texas,
the Honorable Cathy Stryker presiding. However, the order complained of was signed by the Honorable Nick
Catoe, presiding associate judge of the Child Support Court, Bexar County, Texas.
04-13-00305-CV
underlying proceeding;” and (2) “a properly authenticated transcript of any relevant testimony
from any underlying proceeding”); Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig.
proceeding). Relator has failed to provide us with any record to support his claims such as the
order complained of, proof of restraint, or the reporter’s record from the hearing. Accordingly,
Relator’s petition for writ of habeas corpus is DENIED.
PER CURIAM
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