In re Terry Pitts--Appeal from Unknown District Court of Frio County

MEMORANDUM OPINION

PER CURIAM

Sitting: Paul W. Green, Justice

Karen Angelini, Justice

Sandee Bryan Marion, Justice

Delivered and Filed: March 17, 2004

PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION

On March 8, 2004, relator, Terry Pitts, filed a petition for writ of mandamus, requesting that we order several officials within the Texas Department of Criminal Justice--Institutional Division (2) to correct "their unlawful conduct" by (1) reversing their finding that relator intentionally participated in a riot on prison grounds, (2) restoring Pitts's good-time credit, and (3) expunging the disciplinary report and findings from his record.

Section 22.221 of the Texas Government Code gives us power to issue writs of mandamus against (1) a judge of a district or county court in the court of appeals district or (2) a judge of a district court who, in the court of appeals district, is acting as a magistrate at a court of inquiry under chapter 52 of the Texas Code of Criminal Procedure. Tex. Gov't Code Ann. 22.221 (Vernon 2004). Additionally, section 22.221 allows us to issue a writ of mandamus to enforce the jurisdiction of our court. Id. Here, Pitts has asked us to issue writs of mandamus against various officials within the Texas Department of Criminal Justice. Section 22.221 does not give us authority to issue writs of mandamus against these officials. In addition, relator has made no allegation or showing that we need to enforce the jurisdiction of our court. Pitts's petition for writ of mandamus is, therefore, dismissed for lack of jurisdiction.

PER CURIAM

1. This proceeding arises out of an administrative grievance proceeding under section 501.008 of the Texas Government Code.

2. Pitts lists the following as respondents: "Texas Board of Criminal Justice, Executive Director Gary Johnson, Director Joe Doe, Regional IV Director Robert Treon, Operational Review Director Gary Gomez, Offender Grievance Program Central Administrator John Doe, Regional IV Grievance Investigator S. Schumacher, Ruben Torres, Unit Senior Warden Raymond Villarreal, Assistant Warden D. Turrubiarte, Unit Grievance Investigator Jane Doe, Counsel Substitute Sharon Price, and (DHO) Captain Hector Portillo, Jr. of the Texas Department of Criminal Justice-Institutional Division, et al."