In Re: Joseph Donald Smith

Tyler, TX - Joseph Donald Smith, acting pro se, filed this original proceeding to challenge Respondent's failure to rule on Relator's motion for writ of mandamus filed with Respondent..

Joseph Donald Smith, acting pro se, filed this original proceeding to challenge

Respondent's failure to rule on Relator's motion for writ of mandamus filed with Respondent.1



According to Relator, he filed his motion on November 1, 2019. The motion alleged that prison

records reflect the incorrect date on which his sentence began and he asked that Respondent

issue a writ ordering the Texas Department of Criminal Justice (TDCJ) to correct the date and to

issue a certificate of discharge. According to the documents Relator provided to this Court, he

filed a motion for a ruling on May 7, 2020 and a second motion for a ruling on September 14,

2020.2

However, only the Texas Supreme Court has authority to "issue a writ of mandamus or

injunction, or any other mandatory or compulsory writ or process, against any of the officers of

the executive departments of the government of this state to order or compel the performance of

a judicial, ministerial, or discretionary act or duty that, by state law, the officer or officers are

authorized to perform.” TEX. GOV'T CODE ANN. § 22.002(c) (West Supp. 2020). TDCJ is an

executive branch agency. See id. § 493.004 (West 2012); see also Doughty v. State, No. 01-13-

00591-CR, 2014 WL 5465697, at *2 (Tex. App.—Houston [1st Dist.] Oct. 28, 2014, no pet.)

(mem. op., not designated for publication). Accordingly, Respondent lacks the authority to issue

the writ of mandamus against TDCJ, as requested by Relator.3

See TEX. GOV'T CODE ANN.

§ 22.002(c); see also Walker v. Gutierrez, No. 03-18-00241-CV, 2018 WL 3060192, at *1 (Tex.

App.—Austin June 21, 2018, no pet.) (mem. op.) ("district court's mandamus jurisdiction is

limited to the enforcement of its own jurisdiction and does not extend to the exercise of

supervisory control over state prison officials”).

For this reason, we deny Relator’s petition for writ of mandamus