Opinion
NO. WR-91,265-01
06-10-2020
IN RE JACK BRAGE, Relator
ON APPLICATION FOR A WRIT OF MANDAMUS FROM DENTON COUNTY
Per curiam. KEEL, J., not participating. ORDER
Relator, through counsel, has filed a motion for leave to file an application for a writ of mandamus under this Court's original jurisdiction. Relator complains that, but for an executive order made by Governor Greg Abbott regarding COVID-19, which executive order Relator argues is unconstitutional, he should have already been transferred from the Denton County jail to a prison facility operated by the Texas Department of Criminal Justice (TDCJ). Relator asks this Court to compel TDCJ to resume transportation of inmates.
Mandamus relief is available only when the relator can establish that no other adequate remedy is available and that the act he seeks to compel is ministerial. Braxton v. Dunn, 803 S.W.2d 318, 320 (Tex. Crim. App. 1991).
Relator may raise his mandamus claim before the district court. Tex. Const. Art. V § 8; Gov't Code 24.011. Because there is an adequate remedy available to Relator apart from mandamus relief in this Court, Relator's motion for leave to file a writ of mandamus in this Court is denied. Filed: June 10, 2020
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