in Re Harold S. Bowens, Jr.

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-14-00277-CR

IN RE HAROLD S. BOWENS, JR.

Original Proceeding

MEMORANDUM OPINION

In this mandamus proceeding, Harold S. Bowens Jr. requests this Court to order

either the McLennan County District Attorney or the Coryell County District Attorney,

he alleges one in the beginning of his mandamus petition and the other in the prayer, to

respond to Bowen’s criminal complaint against individuals at the Alfred Hughes Unit

of the Texas Department of Criminal Justice. There are multiple procedural problems

with Bowens’ mandamus petition, such as which district attorney is the mandamus

filed against, TEX. R. APP. P. 52.2, no record is included with the petition, TEX. R. APP. P.

52.7, and the petition is not properly served (the clerk of this Court is not a party to the

mandamus proceeding), TEX. R. APP. P. 9.5. However, we use Rule 2 of the Rules of Appellate Procedure to look beyond these problems and proceed to a timely disposition

of this proceeding. See TEX. R. APP. P. 2.

As a Court of Appeals, we have no jurisdiction to compel a district attorney to

act except to enforce our jurisdiction. See TEX. GOV'T CODE ANN. § 22.221(a), (b) (West

2004). Bowens has not alleged any need for this Court to enforce our jurisdiction.

Accordingly, Bowens’ petition is dismissed for want of jurisdiction.

TOM GRAY Chief Justice

Before Chief Justice Gray, Justice Davis, and Justice Scoggins Petition dismissed Opinion delivered and filed September 25, 2014 Do not publish [OT06]

In re Bowens Page 2