in Re Lucas Alexander Walkner ( 2014 )


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  •       TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
    NO. 03-14-00755-CV
    In re Lucas Alexander Walkner
    ORIGINAL PROCEEDING FROM TOM GREEN COUNTY
    MEMORANDUM OPINION
    Relator Lucas Alexander Walkner, an inmate in the Texas Department of Criminal
    Justice, filed a pro se petition for writ of mandamus. He seeks a nunc pro tunc judgment and
    contends that the State of Texas has refused to award him “126 days of back time that is due to
    [him].” See Tex. Gov’t Code § 22.221; Tex. R. App. P. 52; see also Tex. R. App. P. 23.
    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. Walkner does not ask this Court for a
    writ of mandamus against a judge but seeks relief from the “State of Texas.” He also has not
    demonstrated that the exercise of our writ power is necessary to enforce our jurisdiction. Thus, we
    have no jurisdiction to grant Walkner any relief.
    Accordingly, the petition is dismissed for want of jurisdiction.
    __________________________________________
    Melissa Goodwin, Justice
    Before Chief Justice Jones, Justices Rose and Goodwin
    Filed: December 10, 2014
    2
    

Document Info

Docket Number: 03-14-00755-CV

Filed Date: 12/11/2014

Precedential Status: Precedential

Modified Date: 12/11/2014