in Re: Thomas Florence

• Court: Court of Appeals of Texas
• Decided: June 19, 2007
• Docket: 14-07-00453-CV
• Status: Published

Opinion

Petition Dismissed and Memorandum Opinion filed June 19, 2007

Petition Dismissed and Memorandum Opinion filed June 19, 2007.

In The

Fourteenth Court of Appeals

____________

NO. 14-07-00453-CV

IN RE THOMAS FLORENCE, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

Thomas Florence, acting pro se, has filed a Motion for Injunction or Writ of Mandamus Against the Texas Department of Criminal Justice (ATDCJ@).  Florence appears to challenge TDCJ=s administration of rules and regulations concerning prisoners= eligibility for periodic reduction of remaining sentence based on the accrual of Agood time@ served and asks this Court to order TDCJ, by and through its Executive Director and its Director, to apply certain procedures to him in place of those actually being applied.

This Court=s power to issue writs is defined in Section 22.221 of the Texas Government Code.  Section 22.221 grants the court 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 '22.221 (Vernon  1988).  We are not authorized to issue writs of mandamus against TDCJ or its officials, and Florence has not claimed or shown that the relief requested is necessary to enforce the jurisdiction of our court.  This proceeding is, therefore, dismissed for lack of jurisdiction.

PER CURIAM

Memorandum Opinion filed June 19, 2007.

Panel consists of Chief Justice Hedges and Justices Hudson and Guzman.