In re Gray

State of Texas in the Fourteenth Court of AppealsMay 9, 2017
NO. 14-17-00320-CR (Tex. App. May. 9, 2017)

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  • In re Gray

    NO. 14-17-00652-CR (Tex. App. Aug. 17, 2017)

    …In his first petition, relator requested that this court compel the Director of Classification and Records at…

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NO. 14-17-00320-CR

05-09-2017

IN RE JOHN ROBERT GRAY, Relator


ORIGINAL PROCEEDING WRIT OF MANDAMUS
230th District Court Harris County
, Texas
Trial Court Cause No. 481656

MEMORANDUM OPINION

On April 24, 2017, relator John Robert Gray filed a petition for writ of mandamus in this court, and a motion for leave to file the petition. See Tex. Gov't Code Ann. § 22.221 (West 2004); see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Director of Classification and Records at the Texas Department of Criminal Justice-Institutional Division (the "Director") to give relator all credit for calendar time served.

Section 22.221 of the Texas Government Code expressly limits the mandamus jurisdiction of the courts of appeals to: (1) writs against a "judge of a district or county court in the court of appeals district"; and (2) all writs necessary to enforce the court of appeals' jurisdiction. Tex. Gov't Code Ann. § 22.221. The Director is not a district court or county court judge in this court's district, and relator has not shown that the issuance of a writ against the respondent is necessary to enforce this court's appellate jurisdiction. Therefore, we do not have jurisdiction to issue a writ of mandamus against the Director.

Relator's remedy, if any, is through a writ of habeas corpus.

Accordingly, we dismiss relator's petition for writ of mandamus for lack of jurisdiction. We also deny as moot relator's motion for leave to file petition for writ of mandamus.

PER CURIAM Panel consists of Justices Christopher, Busby, and Jewell.
Do Not Publish — Tex. R. App. P. 47.2(b).