Affirmed and Opinion Filed February 28, 2017
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-16-01151-CR
EX PARTE DAVID DOWE
On Appeal from the Criminal District Court No. 3
Dallas County, Texas
Trial Court Cause No. WX16-90018-J
MEMORANDUM OPINION
Before Justices Bridges, Evans, and Schenck
Opinion by Justice Bridges
On September 14, 2016, David Dowe filed an appeal of the trial court’s order denying
him the relief sought by his application for writ of habeas corpus seeking to release him from an
extradition order. Appellant questioned whether a magistrate judge’s rejection, alone, of an
application for writ of habeas corpus was sufficient to support the writ denial. Appellant argued
that because the magistrate judge signed the order adopting the magistrate’s findings and
recommendations, and not the district judge, there was insufficient evidence to support the denial
of the writ of habeas corpus. On February 2, 2017, we issued a memorandum opinion reversing
the trial court’s order denying habeas corpus relief and remanding the case to the trial court for
clarification as to whether the district judge adopted the findings and recommendations of the
magistrate. On February 14, 2017, we received a supplemental clerk’s record that contains an
order, signed by the district judge, that adopts the magistrate’s findings and recommendations
and specifically denies the application for writ of habeas corpus. Thus, appellant’s only issue in
this appeal is now moot.
Accordingly, we affirm the trial court’s order denying the relief sought by appellant’s
application for writ of habeas corpus.
/David L. Bridges/
DAVID L. BRIDGES
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
161151F.U05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
EX PARTE DAVID DOWE On Appeal from the Criminal District Court
No. 3, Dallas County, Texas
No. 05-16-01151-CR Trial Court Cause No. WX16-90018-J.
Opinion delivered by Justice Bridges.
Justices Evans and Schenck participating.
Based on the Court’s opinion of this date, the trial court’s order denying the relief sought
by the application for writ of habeas corpus is AFFIRMED.
Judgment entered February 28, 2017.
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