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IN RE POHL

Court of Appeals of Texas, Ninth District, Beaumont
Jul 12, 2007
No. 09-07-284 CV (Tex. App. Jul. 12, 2007)

Opinion

No. 09-07-284 CV

Opinion Delivered July 12, 2007.

Original Proceeding.

Before McKEITHEN, C.J., GAULTNEY and HORTON, JJ.


MEMORANDUM OPINION


Philip J. Pohl filed a petition for writ of mandamus on June 4, 2007. Pohl complains that the trial court denied discovery that would reveal that Texas Department of Criminal Justice employees working in the Polunsky Unit mishandled inmate grievances. Pohl requests that this Court order the judge to allow him to obtain discovery.

Mandamus will issue only to correct a clear abuse of discretion or violation of a duty imposed by law when that abuse cannot be remedied by appeal. Jack B. Anglin Co. v. Tipps, 842 S.W.2d 266, 271 (Tex. 1992); Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992). Pohl filed notice of appeal in the underlying case, and an active appeal has been docketed in this Court under No. 09-07-285 CV. The relator has not demonstrated his entitlement to mandamus relief, nor has he shown that he has no adequate remedy by appeal. Accordingly, the petition for writ of mandamus is denied.

PETITION DENIED.


Summaries of

IN RE POHL

Court of Appeals of Texas, Ninth District, Beaumont
Jul 12, 2007
No. 09-07-284 CV (Tex. App. Jul. 12, 2007)
Case details for

IN RE POHL

Case Details

Full title:IN RE PHILIP J. POHL

Court:Court of Appeals of Texas, Ninth District, Beaumont

Date published: Jul 12, 2007

Citations

No. 09-07-284 CV (Tex. App. Jul. 12, 2007)

Citing Cases

POHL v. HIRSCH

The actual number for this mandamus proceeding is No. 09-07-284-CV. See In re Pohl, No. 09-07-284 CV, 2007 WL…