Opinion
No. 07-15-00460-CR
01-04-2016
IN RE R. WAYNE JOHNSON, RELATOR
ORIGINAL PROCEEDING
MEMORANDUM OPINION
Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.
Relator R. Wayne Johnson, a prison inmate appearing pro se, has filed a pleading in this court entitled "petition for writ of habeas corpus and writ of mandamus." He directs his complaints at a respondent identified only as "TDCJ-Director-Parole Board." By his petition, Johnson seeks an order affecting his term of confinement in prison. Even had an individual respondent been named, we have no mandamus jurisdiction in the present matter over an official of the Texas Department of Criminal Justice nor do we have original habeas jurisdiction in a criminal law matter. For those reasons, Johnson's petition is dismissed for want of subject matter jurisdiction.
Mandamus relief is personal to the respondent. In re Roseland Oil & Gas, Inc., 68 S.W.3d 784, 786 (Tex. App.—Eastland 2001, orig. proceeding) ("[m]andamus is personal to the judge").
Our mandamus jurisdiction is limited to writs necessary to enforce our jurisdiction and writs against specified trial court judges in our appellate district. TEX. GOV'T CODE ANN. §§ 22.221(a), (b)(1),(2) (West 2004). Relator does not contend, nor does he attach any proof demonstrating, that a writ of mandamus should issue to enforce our jurisdiction.
See Ex parte Johnson, No. 07-14-00384-CR, 2014 Tex. App. LEXIS 11746 (Tex. App.—Amarillo Oct. 27, 2014, orig. proceeding) (mem. op., not designated for publication) (discussing absence of court of appeals original habeas jurisdiction in criminal law matters).
Although it is unnecessary to our jurisdictional determination, we note that Johnson's petition does not conform to the rules of appellate procedure in significant respects. See In re Johnson, No. 07-15-00237-CR, 2015 Tex. App. LEXIS 8921 (Tex. App.—Amarillo Aug. 25, 2015, orig. proceeding) (per curiam) (mem. op., not designated for publication) (noting on prior occasions courts have reminded Johnson of the formal requirements for a petition in an original proceeding). --------
Per Curiam Do not publish.