in Re: Jerry William Shelly

• Court: Court of Appeals of Texas
• Decided: January 9, 2003
• Docket: 01-02-01338-CV
• Status: Published

Opinion

Memorandum opinion issued January 9, 2003

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-02-01338-CV

IN RE JERRY WILLIAM SHELLY, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Jerry William Shelly, presently incarcerated in the Texas Department of Criminal Justice-Institutional Division, has filed a petition for writ of mandamus complaining that he is being denied good time credit and trustee status because of unspecified false information in his institutional file that he wants expunged. Relator requests that we issue a writ of mandamus directing Mr. Bruce Thaler, Director, State Classification Committee, Texas Department of Criminal Justice-Institutional Division, to expunge the unspecified erroneous information from his record.

We have general mandamus jurisdiction only over district and county court judges. Tex. Gov't Code Ann. § 22.221(b) (Vernon Supp. 2003). We can mandamus others only if they are interfering with our jurisdiction over a pending matter. Tex. Gov't Code Ann. § 22.221(a) (Vernon Supp. 2003). Since there is no related matter pending in this Court, we do not have mandamus jurisdiction over a Texas Department of Criminal Justice-Institutional Division employee like Mr. Thaler. See In re Carson,12 S.W.3d 886, 887 (Tex. App.--Texarkana 2000, orig. proceeding).

We deny the petition for writ of mandamus.

PER CURIAM

Panel consists of Justices Taft, Keyes, and Higley.