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In re Jackson

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Jul 2, 2020
NO. 03-20-00279-CV (Tex. App. Jul. 2, 2020)

Opinion

NO. 03-20-00279-CV

07-02-2020

In re Brandon Jackson


ORIGINAL PROCEEDING FROM TRAVIS COUNTY

MEMORANDUM OPINION

Relator Brandon Jackson, an inmate in the Texas Department of Criminal Justice (TDCJ), has filed a pro se petition for writ of mandamus. Jackson asserts that the TDCJ is considering advancement of only certain inmates' eligibility dates for parole in violation of Government Code Section 499.025, which requires consideration of "each eligible inmate who would not at the time of review otherwise be eligible for parole." Tex. Gov't Code § 499.025(c). Jackson requests that we compel Pamela Thielke, the Director of the Parole Division of the TDCJ, to review and consider for early release all eligible inmates.

We have no jurisdiction to grant Jackson's requested relief. By statute, this Court has no authority to issue a writ of mandamus against this State official 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). Jackson 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-Edinburg Dec. 21, 2015, orig. proceeding) (mem. op.) (per curiam) (dismissing petition seeking to compel prison officials to comply with state laws). Accordingly, we dismiss his petition for writ of mandamus for want of jurisdiction.

/s/_________

Edward Smith, Justice Before Justices Goodwin, Kelly, and Smith Filed: July 2, 2020


Summaries of

In re Jackson

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Jul 2, 2020
NO. 03-20-00279-CV (Tex. App. Jul. 2, 2020)
Case details for

In re Jackson

Case Details

Full title:In re Brandon Jackson

Court:TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

Date published: Jul 2, 2020

Citations

NO. 03-20-00279-CV (Tex. App. Jul. 2, 2020)