Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges

In re Ray Hill

Melissa Goodwin, Justice

ORIGINAL PROCEEDING FROM TRAVIS COUNTY

MEMORANDUM OPINION

Relator, Ray Hill, an inmate in the Texas Department of Criminal Justice, filed a pro se motion in this Court entitled Motion to Compel Performance of Process for Mandamus. Looking to the substance of Hill's motion, rather than its title or form, we construe his motion as a petition for writ of mandamus. See Surgitek, Bristol-Myers Corp. v. Abel, 997 S.W.2d 598, 601 (Tex.1999) (courts look to substance of pleading rather than its caption or form to determine its nature); see also Tex. Gov't Code § 22.221; Tex. R. App. P. 52.1. In his petition, Hills appears to ask us to compel certain prison officials to take, or refrain from taking, particular actions.

This Court does not have mandamus jurisdiction over the Texas Department of Criminal Justice or personnel thereof. By statute, this Court has the authority to issue a writ of mandamus against "a judge of a district or county court in the court of appeals district" and other writs as necessary to enforce our appellate jurisdiction. See Tex. Gov't Code § 22.221. The named employees of TDCJ are not parties against whom we have the power to issue a writ of mandamus. Nor has Hill demonstrated that the exercise of our writ power is necessary to enforce our jurisdiction. We have no jurisdiction to grant Hill the relief he seeks.

Accordingly, the petition is dismissed for want of jurisdiction.

/s/_________


Melissa Goodwin, Justice
Before Chief Justice Rose, Justices Goodwin and Field Dismissed for Want of Jurisdiction Filed: January 6, 2015

Use AI to get other relevant cases.

Comments

In re Hill
(Jan 6, 2015)