                                      In The

                                 Court of Appeals
                     Ninth District of Texas at Beaumont
                            ____________________
                                NO. 09-15-00276-CV
                            ____________________

                            PAUL E. TEEL, Appellant

                                         V.

      STATE OF TEXAS TDCJ PAROLE DIVISION, ET AL, Appellees
________________________________________________________________________

                    On Appeal from the 411th District Court
                         San Jacinto County, Texas
                          Trial Cause No. CV14,264
________________________________________________________________________

                           MEMORANDUM OPINION

      Seeking relief from the Parole Division of the Texas Department of Criminal

Justice, Paul E. Teel filed an application for a writ of habeas corpus with the 411th

District Court of San Jacinto County, Texas. The court denied the application

without issuing the writ and without conducting a hearing. We questioned our

jurisdiction and requested a response. Teel filed a response, but failed to establish

that the order is appealable.



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      There is no appeal from a refusal to issue a writ of habeas corpus. Ex parte

Noe, 646 S.W.2d 230, 231 (Tex. Crim. App. 1983). A habeas applicant may only

appeal the denial of relief on the merits. See Ex parte Hargett, 819 S.W.2d 866,

869 (Tex. Crim. App. 1991). The trial court did not rule on the merits of Teel’s

application. The appeal is dismissed for lack of jurisdiction.

      APPEAL DISMISSED.


                                              ________________________________
                                                      STEVE McKEITHEN
                                                          Chief Justice


Submitted on October 28, 2015
Opinion Delivered October 29, 2015

Before McKeithen, C.J., Horton and Johnson, JJ.




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