Summary
denying petition for writ of mandamus seeking to compel TDCJ's director of parole division "to ensure that African-American prisoners in the LeBlanc Unit receive equal treatment and equal protection during the parole process"
Summary of this case from In re WhiteOpinion
NO. 03-20-00262-CV
05-29-2020
In re Willie M. Adams
ORIGINAL PROCEEDING FROM TRAVIS COUNTY
MEMORANDUM OPINION
Relator Willie M. Adams, an inmate in the Texas Department of Criminal Justice (TDCJ), has filed a pro se petition for writ of mandamus. Adams requests that this Court compel Bryan Collier, the Executive Director of the TDCJ, to take immediate action to provide each prisoner at the LeBlanc Unit equal protection of the law by transferring the prisoners to celled facilities or by taking reasonable measures at the LeBlanc Unit to limit prisoners' exposure to COVTD-19 because the open-dormitory housing at LeBlanc Unit does not allow them to practice social distancing or avoid groups of more than 10 people to combat the COVTD-19 outbreak, as required by the executive orders of the President of the United States and the Governor of Texas. Adams also requests that we compel Pamela Thielke, the Director of the Parole Division of the TDCJ, to ensure that African-American prisoners in the LeBlanc Unit receive equal treatment and equal protection during the parole process.
By statute, this Court has no authority to issue a writ of mandamus against these State officials unless required to enforce our jurisdiction. See Tex. Gov't Code § 22.221 (establishing that intermediate appellate courts have jurisdiction to issue writs of mandamus only against certain types of judges and to enforce appellate courts' own jurisdiction); In re Washington, 7 S.W.3d 181, 182 (Tex. App.—Houston [1st Dist.] 1999, orig. proceeding). Adams has not demonstrated that the requested relief is necessary to enforce our appellate jurisdiction. See In re Roberson, No. 13-15-00598-CV, 2015 WL 9285850, at *2 (Tex. App.—Corpus Christi Dec. 21, 2015, orig. proceeding) (dismissing petition seeking to compel prison officials to comply with state laws). The petition for writ of mandamus is denied.
/s/_________
Melissa Goodwin, Justice Before Justices Goodwin, Kelly, and Smith Filed: May 29, 2020