Opinion
NO. 02-11-00507-CR
12-22-2011
EX PARTE PHRORY MORAN GAMBLE
FROM THE 396TH DISTRICT COURT OF TARRANT COUNTY
MEMORANDUM OPINION
Appellant Phrory Moran Gamble attempts to appeal the October 25, 2011 denial of his motion to recuse the Honorable Judge George Gallagher from presiding over the evidentiary hearing on his habeas corpus application filed pursuant to article 11.07 of the code of criminal procedure. See Ex parte Sinegar, 324 S.W.3d 578, 581 (Tex. Crim. App. 2010) (holding that rule of civil procedure 18a applies in habeas proceedings that occur before the trial court).
On November 14, 2011, we sent Gamble a letter stating our concern that we lacked jurisdiction over the appeal because he did not appear to be appealing from a judgment or other appealable order. See McKown v. State, 915 S.W.2d 160, 161 (Tex. App.—Fort Worth 1996, no pet.) ("We do not have jurisdiction to review interlocutory orders unless that jurisdiction has been expressly granted to us by law."); see also Tex. R. Civ. P. 18a(j)(1)(A) ("An order denying a motion to recuse may be reviewed only for abuse of discretion on appeal from the final judgment." (emphasis added)).
We instructed Gamble or any party desiring to continue the appeal to file a response by November 28, 2011, showing grounds for continuing the appeal or the appeal would be dismissed. See Tex. R. App. P. 44.3. Gamble filed a response, but it does not show grounds for continuing the appeal. Therefore, we dismiss the appeal. See Tex. R. App. P. 43.2(f).
PER CURIAM PANEL: MCCOY, MEIER, and GABRIEL, JJ. DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
See Tex. R. App. P. 47.4.