Summary
dismissing mandamus petition that sought to compel mailroom supervisor of Texas Department of Criminal Justice's Gib Lewis Unit to issue paper and pens for relator to use in appeal
Summary of this case from In re BartonOpinion
No. 09-04-056 CV.
Opinion Delivered February 12, 2004.
Original Proceeding
Patrick Lee Mullins — pro se — for relator.
Audrie L. Lawton — Assistant Attorney General — Austin for real party in interest.
Before McKEITHEN, C.J., BURGESS and GAULTNEY, JJ.
MEMORANDUM OPINION
Relator seeks a writ of mandamus to compel I. Yarbrough, Mailroom Supervisor of the Gib Lewis Unit of the Texas Department of Criminal Justice, to issue 100 sheets of writing paper, 20 sheets of carbon paper, and 2 pens, for use by Mullins in the preparation of the brief of an appeal filed in this Court. Our writ power extends only to enforcement of our jurisdiction and to judges of district and county courts within this appellate district. TEX. GOV'T CODE ANN. § 22.221 (Vernon Supp. 2004). Yarbrough is not a person against whom we may issue a writ of mandamus other than to protect our jurisdiction, and relator has not shown that the writ is necessary to enforce our jurisdiction. Furthermore, the relator has not requested an extension of time to file the brief in Appeal No. 09-03-497 CV. Relator has not shown that the restrictions imposed on his access to writing materials are unreasonable and that he does not have an adequate remedy at law.
The petition for writ of mandamus, filed February 3, 2004, is DENIED.