Order filed January 26 , 2023.

In The 

## Fourteenth Court of Appeals

NO. 14
- 23
- 00038
- CV

IN RE KYLE FRENCH , Relator

ORIGINAL PROCEEDING WRIT OF HABEAS CORPUS 280th District Court Harris County, Texas Trial Court Cause No. 2021
- 83581



### ORDER
On J anuary 20, 2023 , relator Kyle French filed a petition for writ of habeas

c orpus in this Court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relator asks this court to vacat e t he October 24 , 2022 order finding him in contempt of court and comm itting him to county jail

. Relator has not filed a motion f

or temporary relief, however, he re quests the following: “ [t] h at this Court issue a W rit of H abeas C o rpus commanding that the Relator be brought immediately before this Court ” ; “ [ t ] hat Relator be admitted to bail pending a final2

ruling on this Pe tition ” ; and “ [t] hat the Court order that Relator be released from custody and restraint. ” Relator’s petition , appendix, and record ar e not in compliance with the Texas Rules of Appellate Pr ocedure. The Rules of Appellate procedure require a party, who files a petition for writ of habeas co rpus in in a court of appeals, to include proof that the relator is restrained. Tex. R. App. P. 5 2.3 ( d )( 4 ) , (k)(1) (D); In re Serrano , 482 S.W.3d 134, 135 (Tex. App.

— El Paso 2015, orig. proceeding). Although referenced in relator ’ s petition , neither relator ’ s appendix nor the record include a “Sheriff’s Certificate of Custody” demonstrating proof th at relator is

c urrently confined. See In re Huitrado

- Soto , No. 05

- 16

- 00515

- CV, 2016 WL 2353898, at *1 (Tex. App.

— Dallas May 3, 2016, orig. proceeding) (mem. op.) (holding trial court’s order, which was stamped “IN JAIL,” did not provide proof of then pres ent confinemen t required by Rule 52); In re Miller , No. 05

- 14

- 001023

- CV, 2014 WL 3882317, at *1 (Tex. App.

— Dallas Aug. 7, 2014, orig. proceeding) (mem. op.) (holding that website print out that purported to show relator’s confinement by Collin County Sheri ff’s Departmen t did not provide proof required by Rule 52)

. Additionally, r elator’s petition for writ of habeas corpus and mandamus record contain unredacted sensitive information regarding relator ’ s min or child

. See Tex. R. App. P. 9.9(a)(3). The docu ments have bee n pulled do wn from th is Court ’ s website. Pa rties are required to redact all sensitive information in documents filed in this court unless the inclusion of the sensitive data is specifically required by a statute, court rule, or administrativ e regulati on. Tex. R.3

App. P. 9.9(b). There is no statut e, court rule, or administrative regulation requiring the inclusion of sensitive data.
Moreover, it does not appear that relator has filed with the petition a certified or sworn copy of every docume nt t hat is mat erial to the relator ’ s claim for relief as r equired by Rule 52.7(a) ( 1). T he petition references material documents not in the re cord , including but not limited to the real party in interest ’ s petition for enforcement of final protective order and the report er ’ s record from the Se ptember 21, 20 22 he aring on the same

. Finally, Rule 52.7(a)(2) of t he Texas Rules of Appellate Procedure requires the relator to file with the petition “a properly authenticated transcript of any relevant testimony from any underlying proceeding, including any exhibits offer ed into evidence, or a statement that no testim ony was adduced in connection with the matter complained.” Tex. R. App. P. 52.7(a)(2). Relator ’ s record, which contains a reporter ’ s record for the contempt hearing on October 24, 2022, do es not include all of the exhi bits from the hearing.
We ORDER relator to cure the deficienc ies identified above within 10 days of the date of order. By this order, the Court gives relator notice that the f ailure to address timely these deficiencies will result in the invo luntary dismissal of his petition for writ of habeas corpus.
PER CURIAM
Panel c onsists of Justices Zimmerer, Spain, and Hassan.