Opinion
NO. 01-20-00557-CR
10-20-2020
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Victor Keith Wilson, acting pro se, has filed a petition for writ of mandamus seeking relief against the Texas Board of Pardons and Paroles. This court's mandamus jurisdiction is governed by Section 22.221 of the Texas Government Code. Section 22.221 expressly limits the mandamus jurisdiction of the courts of appeals to: (1) writs against a district court judge or a county court judge in the court of appeals' district; and (2) all writs necessary to enforce the court of appeals' jurisdiction. TEX. GOV'T CODE § 22.221. The Board of Pardons and Paroles is not a district court or county court judge in this court's district, and Wilson has not shown that the issuance of a writ compelling the requested relief is necessary to enforce this court's jurisdiction. Therefore, we do not have jurisdiction to issue a writ of mandamus against the Board of Pardons and Paroles. See TEX. GOV'T CODE § 22.221; In re Richard, No. 01-17-00856-CR, 2017 WL 5623530, at *1 (Tex. App.—Houston [1st Dist.] Nov. 21, 2017, orig. proceeding) (mem. op., not designated for publication).
This proceeding arises from a parole panel decision by the State of Texas Board of Pardons and Paroles. In conjunction with the mandamus petition, Wilson also filed a motion requesting leave to file the petition. Because leave is not required to file a petition for writ of mandamus, we deny the motion for leave to file as moot.
Accordingly, Wilson's petition for writ of mandamus is dismissed for want of jurisdiction.
PER CURIAM Panel consists of Justices Keyes, Lloyd, and Landau. Do not publish. TEX. R. APP. P. 47.2(b).