In Re James McCoy v. the State of Texas
CourtTexas Court of Appeals, 1st District (Houston)
Date FiledOctober 6, 2026
Docket01-26-00992-CV
StatusPublished
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Full Opinion
Opinion issued October 6, 2026
In The
Court of Appeals
For The
First District of Texas
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NO. 01-26-00992-CV
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IN RE JAMES MCCOY, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, James McCoy, currently incarcerated and proceeding pro se, filed a
petition for a writ of mandamus asserting that the trial court erred by setting a hearing
on October 15, 2026 even though the trial court did “not have the jurisdictio[n] to
set said hearing.”1 Relator alleged in his petition for writ of mandamus that the trial
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The underlying case is James McCoy v. Sylvia Hightower, Cause No. 036819, in the
506th District Court of Grimes County, Texas, the Honorable Gary W. Chaney
presiding.
court “lost its plenary power . . . on July 24, 2026,” following a “final order” signed
by the trial court on June 23, 2026. Relator requested that this Court “[d]irect the
trial court to designate the case as closed,” “to cancel the October 15, 2026 hearing,”
and to “[d]eem void any trial court order signed on or after July 24, 2026.”
In connection with his petition for writ of mandamus, relator also filed a
“Motion to Stay.” In his motion, relator requested that the Court stay the October
15, 2026 hearing pending this Court’s review of his petition for writ of mandamus.
We conclude that relator has failed to establish he is entitled to mandamus
relief, and therefore, the Court denies relator’s petition for writ of mandamus. We
dismiss any pending motions, including relator’s “Motion to Stay,” as moot.
PER CURIAM
Panel consists of Justices Rivas-Molloy, Guerra, and Gunn.
2