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In re Digby

COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS
Feb 12, 2014
NO. 12-14-00042-CR (Tex. App. Feb. 12, 2014)

Opinion

NO. 12-14-00042-CRNO. 12-14-00043-CR

02-12-2014

IN RE: BRUCE E. DIGBY, RELATOR


ORIGINAL PROCEEDING


MEMORANDUM OPINION

Relator, Bruce E. Digby, an inmate in the Texas Department of Criminal Justice, seeks mandamus relief against Reba Squyres, District Clerk of Angelina County, and the Texas Department of Criminal Justice-Correctional Institutions Division (TDCJ). We dismiss the petition in each cause.

This court has the authority to issue a writ of mandamus against "a judge of a district or county court in the court of appeals district" and other writs as necessary to enforce the court's appellate jurisdiction. See TEX. GOV'T CODE ANN. § 22.221 (West 2004). Generally, neither the District Clerk of Angelina County nor the personnel at TDCJ are parties against whom we have the power to issue a writ of mandamus. See id. And Relator has not demonstrated that the exercise of our writ power is necessary to enforce our jurisdiction. Therefore, we have no authority to grant the relief Relator seeks. Accordingly, the petition in each cause is dismissed for want of jurisdiction.Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(DO NOT PUBLISH)

JUDGMENT


NO. 12-14-00042-CR


BRUCE E. DIGBY,

Relator

V.

HON. PAUL E. WHITE,

Respondent


Original Proceeding

ON THIS DAY came to be heard the petition for writ of mandamus filed by BRUCE E. DIGBY, who is the defendant in Cause No. CR-7493, pending on the docket of the 159th Judicial District Court of Angelina County, Texas. Said petition for writ of mandamus having been filed herein on February 7, 2014, and the same having been duly considered, because it is the opinion of this Court that this Court does not have jurisdiction and that the application for writ of error should be dismissed, it is therefore CONSIDERED, ADJUDGED and ORDERED that the said application for writ of error be, and the same is, hereby DISMISSED FOR WANT OF JURISDICTION.

Brian Hoyle, Justice.

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

JUDGMENT


NO. 12-14-00043-CR


BRUCE E. DIGBY,

Relator

V.

HON. PAUL E. WHITE,

Respondent


Original Proceeding

ON THIS DAY came to be heard the petition for writ of mandamus filed by BRUCE E. DIGBY, who is the defendant in Cause No. CR-22949, pending on the docket of the 159th Judicial District Court of Angelina County, Texas. Said petition for writ of mandamus having been filed herein on February 7, 2014, and the same having been duly considered, because it is the opinion of this Court that this Court does not have jurisdiction and that the application for writ of error should be dismissed, it is therefore CONSIDERED, ADJUDGED and ORDERED that the said application for writ of error be, and the same is, hereby DISMISSED FOR WANT OF JURISDICTION.

Brian Hoyle, Justice.

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


Summaries of

In re Digby

COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS
Feb 12, 2014
NO. 12-14-00042-CR (Tex. App. Feb. 12, 2014)
Case details for

In re Digby

Case Details

Full title:IN RE: BRUCE E. DIGBY, RELATOR

Court:COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS

Date published: Feb 12, 2014

Citations

NO. 12-14-00042-CR (Tex. App. Feb. 12, 2014)