in Re: Leo M. Lozano

Opinion

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

IN RE: LEO M. LOZANO, Relator.	§ § § § § §	No. 08-08-00060-CR AN ORIGINAL PROCEEDING IN MANDAMUS

MEMORANDUM OPINION ON PETITION FOR WRIT OF MANDAMUS

Relator Leo Lozano seeks a writ of mandamus contending he has been denied his "prison gate money" in the amount of one hundred dollars. He requests that this Court order a "District Court (civil) to check into [Relator] getting [his] $100.00 prison release gate money." In order to obtain relief through a writ of mandamus, a relator must establish: (1) no other adequate remedy at law is available; and (2) the act he seeks to compel is ministerial. See Dickens v. Court of Appeals for the Second Supreme Judicial Dist. of Tex., 727 S.W.2d 542, 548 (Tex. Crim. App. 1987). Relator has not identified an official against whom the writ should issue. Based on the record before us, we are unable to conclude that a clear abuse of discretion has occurred or that Relator is without an alternative remedy at law. Therefore, the petition for writ of mandamus is denied.

KENNETH R. CARR, Justice

February 28, 2008

Before Chew, C.J., McClure, and Carr, JJ.

(Do Not Publish)