Opinion
No. 04-16-00224-CV
05-04-2016
IN RE Tracey Wilfred MURPHY
MEMORANDUM OPINION
Original Proceeding PER CURIAM Sitting: Karen Angelini, Justice Rebeca C. Martinez, Justice Jason Pulliam, Justice PETITION FOR WRIT OF INJUNCTION DISMISSED FOR LACK OF JURISDICTION
Relator has a currently pending civil case in Cause No. 15-04-00091-CVK, styled Tracey W. Murphy v. D'Ann Mayfield, Cheryl A. Schendel and Robbie Shortner, in the 81st Judicial District Court, Karnes County, Texas, the Honorable Donna S. Rayes presiding. --------
On April 11, 2016, relator Tracy Wilfred Murphy filed a pro se petition for writ of injunction seeking specific relief against various prison officials related to conduct occurring at the Texas Department of Criminal Justice George Beto Unit in Tennessee Colony, Texas, where relator is currently incarcerated. Relator has a civil case currently pending in Karnes County, however, the relief relator seeks in this proceeding and the conduct complained of are only indirectly related to his pending cause of action. Relator asks this court to issue a writ of injunction prohibiting the destruction of his legal papers, directing the return of all files and personal property confiscated from him, reassigning various prison staff to other locations, awarding relator compensatory damages and initiating a criminal investigation for theft by prison officials. This court does not have jurisdiction to grant the requested relief. By statute, this court has the authority to issue "writs necessary to enforce the jurisdiction of the court." See TEX. GOV'T CODE ANN. § 22.221(a) (West 2004). Relator does not have any appeal or other proceeding currently pending in this court. We conclude the requested writ is not necessary to enforce our appellate jurisdiction in this instance. Accordingly, relator's petition for writ of injunction is dismissed for lack of jurisdiction.
PER CURIAM