in Re Ronald Dwayne Whitfield ( 2009 )

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed April 30, 2009

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed April 30, 2009.

In The

Fourteenth Court of Appeals

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NO. 14-09-00347-CR

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IN RE RONALD DEWAYNE WHITFIELD, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On April 16, 2009, relator, Ronald Dwayne Whitfield, filed a petition for writ of mandamus in this Court.  See Tex. Gov=t Code Ann '22.221 (Vernon 2004); see also Tex. R. App. P. 52.1.  In his petition, relator requests that we compel the respondents, Brad Livingston, Executive Director, Texas Department of Criminal Justice, and Nathaniel Quarterman, Director, Texas Department of Criminal Justice, Institutional Division, to calculate his good conduct time credits in accordance with Texas law. 

A court of appeals has the authority to issue writs of mandamus against a judge of a district or county court in the court of appeals= district and all writs necessary to enforce its jurisdiction.  Tex. Gov=t Code Ann. ' 22.221(b).  Neither of the respondents is a district or county court judge.  Moreover, relator has not shown that the exercise of our mandamus authority against the respondents is necessary to enforce our jurisdiction because only the Texas Court of Criminal Appeals has jurisdiction over matters related to final post-conviction felony proceedings.  Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (orig. proceeding).  Therefore, we have no authority to issue a writ of mandamus against the respondents.

Accordingly, relator=s petition for writ of mandamus is ordered dismissed for lack of jurisdiction.

PER CURIAM

Panel consists of Chief Justice Hedges and Justices Yates and Frost.

Do Not PublishCTex. R. App. P. 47.2(b).