in Re: Jim H. Hamilton, Jr.

• Court: Court of Appeals of Texas
• Decided: November 30, 2007
• Docket: 12-07-00395-CV
• Status: Published

Opinion

                NO. 12-07-00395-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

§         

IN RE: JIM H. HAMILTON, JR.,   §          ORIGINAL PROCEEDING

RELATOR

MEMORANDUM OPINION

            Jim H. Hamilton, Jr., acting pro se, has filed an application for an “emergency writ of mandamus” or a writ of injunction against the Texas Department of Criminal Justice (TDCJ).  Hamilton complains that TDCJ has not provided the appropriate legal items, supplies, materials, and postage he needs in order to file his original brief and the required number of copies in his appeal pending in this court.  He asks this court to order TDCJ, through various employees at the Coffield Unit and all other persons acting in concert and participation with them, to furnish the necessary items without unjustified harassment and retaliation. 

            This court’s power to issue writs is defined Section 22.221 of the Texas Government Code.  Section 22.221 grants courts of appeals the authority to issue (1) writs of mandamus and other writs necessary to enforce their jurisdiction; (2) writs of mandamus against a judge of a district or county court in the court of appeals district; and (3) writs of habeas corpus under specifically defined circumstances involving contempt orders in civil cases.  Tex. Gov’t Code Ann. § 22.221 (Vernon 2004).  We are not authorized to issue writs of mandamus against TDCJ or its officials, and Hamilton has not claimed or shown that the relief requested is necessary to enforce the jurisdiction of our court.¹  Accordingly, this proceeding is dismissed for want of jurisdiction.

                                                                                                     BRIAN HOYLE   

                                                                                                               Justice

Opinion delivered November 30, 2007.

Panel consisted of Worthen, C.J. and Griffith, J.

(PUBLISH)

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¹ Appellant filed his brief in appellate cause number 12-07-00231-CV on October 2, 2007.  The appeal has not been delayed by his failure to file the required number of copies.