in Re Clifford A. Smith ( 2006 )

Opinion issued April 20, 2006

  In The

Court of Appeals

For The  

First District of Texas

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NO. 01-06-00323-CR

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IN RE CLIFFORD A. SMITH, Relator  

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Original Proceeding on Petition for Writ of Mandamus

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MEMORANDUM OPINION

          Relator, Clifford A. Smith, has filed a pro se petition for writ of mandamus, complaining that the municipal court in Texas City refused to give him credit for time served in a facility other than the Texas City Jail. Relator requests that this Court order Respondent to give him credit for time served or dismiss his case for want of prosecution. We deny the petition.

          We review pro se applications with less stringent standards than formal pleadings drafted by lawyers. However, even a pro se applicant for a writ of mandamus must show himself entitled to relief. Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.—Houston [1st Dist.] 1992, orig. proceeding).

          We may issue all writs of mandamus, agreeable to the principles of law regulating those writs, against a judge of a district or County court in our district. Tex. Gov’t Code Ann. § 22.221(b) (Vernon Supp. 2005). We may also issue writs of mandamus and all other writs necessary to enforce our jurisdiction. Tex. Gov’t Code Ann. § 22.221(a) (Vernon Supp. 2005).

          The petition for writ of mandamus is therefore denied.PER CURIAM

Panel consists of Chief Justice Radack, Justices Jennings and Alcala.

Do not publish. Tex. R. App. P. 47.2(b).