in Re: Wayne Ernest Barker

• Court: Court of Appeals of Texas
• Decided: February 21, 2007
• Docket: 12-07-00074-CV
• Status: Published

Opinion

                NO. 12-07-00074-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

§         

IN RE: WAYNE ERNEST BARKER,         §          ORIGINAL PROCEEDING

RELATOR

MEMORANDUM OPINION

PER CURIAM

            In this original proceeding, Wayne Ernest Barker seeks a writ of mandamus compelling Respondent Sharen Hamilton, grievance coordinator at the Hodge/Skyview Units Complex, to refrain from hindering his access to the grievance process.

            A court of appeals has the authority to issue writs of mandamus against a judge of a district or county court in the court of appeals district or a district judge acting as a magistrate at a court of inquiry under chapter 52 of the code of criminal procedure.  Tex. Gov’t Code Ann. § 22.221(b) (Vernon 2004).  Additionally, a court of appeals has the authority to issue all other writs necessary to enforce its jurisdiction.  Id. § 22.221(a).  Respondent is a prison official.  Therefore, in order for Respondent to fall within our jurisdictional reach, it must be established that issuance of the writ of mandamus against her is necessary to enforce our jurisdiction.  See id.; In re Coronado, 980 S.W.2d 691, 692-93 (Tex. App.–San Antonio 1998, orig. proceeding).  Barker has not demonstrated that the exercise of our mandamus authority against Respondent is necessary to enforce our jurisdiction.  Consequently, we have no authority to issue a writ of mandamus.  Accordingly, the petition for writ of mandamus is dismissed for want of jurisdiction.

Opinion delivered February 21, 2007.

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

(PUBLISH)