Opinion
NO. 03-20-00280-CV
07-23-2020
In re Bruce Merryman, Derek B. Horne, Corey Schleifer, Stephen Ford, Charles Horsley, Juan Ortiz, Gilbert Ramirez, Jeff Peyton, and Louis Figuroa
ORIGINAL PROCEEDING FROM TRAVIS COUNTY
MEMORANDUM OPINION
Relators, all of whom are inmates in the Texas Department of Criminal Justice (TDCJ), have filed a pro se petition for writ of mandamus. Relators request that this Court compel Bryan Collier, the Executive Director of the TDCJ, and Aaron Tompkins, Warden of the LeBlanc Unit, to take various actions in response to the COVID-19 pandemic.
We have no jurisdiction to grant relators' requested relief. 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). Relators have 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). Accordingly, we dismiss relators' petition for writ of mandamus for want of jurisdiction.
/s/_________
Jeff Rose, Chief Justice Before Chief Justice Rose, Justices Baker and Kelly Filed: July 23, 2020