in Re Charlie A. Gooden

• Court: Court of Appeals of Texas
• Decided: November 3, 2005
• Docket: 14-05-01087-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed November 3, 2005

Petition for Writ of Mandamus Denied and Memorandum Opinion filed November 3, 2005.

In The

Fourteenth Court of Appeals

____________

NO. 14-05-01087-CV

IN RE CHARLIE A. GOODEN, JR., Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On October 18, 2005, relator filed a petition for writ of mandamus in this court.  See Tex. Gov=t. Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52.  In his petition, relator sought to have this court direct the ATime Credit Resolution System of the Texas Department of Criminal Justice, Institutional Division@ to release him from parole and remove his monitor in connection with relator=s conviction for sexual assault of a child.

This court lacks jurisdiction to issue a writ of mandamus against the respondent named by relator.  See Tex. Gov=t. Code Ann. ' 22.221 (Vernon 2004) (granting courts of appeal the power to issue writs against district and county court judges in their appellate district and those writs necessary to enforce the appellate courts= jurisdiction).  To the extent relator sought relief from the judge of the 183rd District Court, where relator states that  new charges are pending, relator has not established that he is entitled to mandamus relief.  Accordingly, we deny relator=s petition for writ of mandamus.

PER CURIAM

Petition Denied and Memorandum Opinion filed November 3, 2005.

Panel consists of Chief Justice Hedges and Justices Yates and Anderson.