## NO S
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- CR 12

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- CR IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS

IN R E: JOSEPH DONALD SMITH , RELA T OR § § § ORIGINAL PROCEEDING

MEMORANDUM OPINION PER CURIAM Joseph Donal d Smith, acting pro se, filed th is original proceeding to challenge Respondent ’ s failu re to rule on Relator ’ s motion for writ of mandamus filed with Res pondent

. 1 Accordi ng 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 R espondent issue a writ ordering the Texas Department of Cri minal Jus tice (TDCJ) to cor re ct the date an d 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, o n ly the Te xas S upreme C ourt has authority to “ issue a writ of mandamus or injunction, or any other mandatory or compulsory writ or process, agains t any of the officers of

1 Respondent is the Honorable Lauren L. Parish, Senior Judge of the 115th District Court in Upshur County, Texas. T he State of Texas is the Real Party in Interest.

2 Relator also appears t o complain of the Upshur County District Clerk ’s failure to provide him with a file

stamped copy of his motion for writ of m a ndamu s
. A district clerk is not a judge over which this Court has mandamus jurisdiction; nor does the record demonstrate that issua nce of a writ of mandamus against the District Clerk is necessary to protect this Court ’ s jurisdiction. See T EX

. G OV ’ T C O DE A NN

. § 22.221 (West Supp. 2020) ; see also In re Eaton , No. 12

– 15

– 00118

– CR, 2016 WL 6876502, at *1 (Tex. App.

– Tyler, Nov. 22, 2016, orig. p roceeding ) (mem. op., not designated for publi cation) (appellate court lacked jurisdiction to consider merits of mandamus petitio n as to d istrict clerk ); In re Vargas , No. 01

- 12

- 00351

- CV, 2012 WL 1454550, at *1 (Tex. App.

— Houston [1st Dist.] Apr. 26, 2012, orig. proceedi n g) (mem. op) (per curiam) (dismissin g mandamus proceeding against district clerk for want of jurisdiction becau se addre ssing complaint that clerk refused to file petition was not necessary to enforce appellate court jurisdiction).2 the executive departments of the government of this state to order or compel the perfo r mance of a judicial, minis terial, or discretionary act or duty that, by state law, the officer or officers are authorized to perform. ” T EX

. G OV ’ T C ODE A NN

. § 22.002 (c) (West Supp. 2020 ) . TDCJ is an executive branch agency. See id

. § 493.004 (W est 20 12 ) ; see als o Doughty v. State , No. 01

- 13

- 00591

- CR, 2014 WL 5465697, at *2 (Tex. App.

— Houston [1 st Dist.] Oct. 28, 2014, no pet.) (mem. op., not des ignated fo r publication)

. Accordingly, R espondent lack s the authority to issue the writ of mandamus aga inst TDCJ, as re quested by R elator

. 3 S ee T EX

. G OV ’ T C ODE A NN

. § 22.002(c) ; see also Walker v. Gutierrez , No. 03

- 18

- 00241

- CV, 2018 WL 3060192, at *1 (Te x. App.

— Austin June 21, 2018, no p et. ) (mem. op.) ( “ district court ’ s mandamus jurisdiction is limited to the enforcement of its own jurisd iction and does not extend to th e exercise of supervisory control over state prison officials ” )

. For this reason , we deny Relator ’ s petition for writ of mandamus. Opinion delivered February 10, 2021. Panel consisted of Worthen, C.J.
, Ho yle, J., and Neeley, J.

(DO NO T PUBLISH)

3 T o the exte nt Rela tor attempts to obtain a writ of mandamus from this Court directed at TDCJ, this Court does n ot have m andamus juris diction over TDCJ

. In re Ken nedy , No. 12

- 17

- 00137

- CR, 2017 W L 1684851 , at *1 (Tex. App.

— Tyler May 3, 2017, orig. proceeding) (mem. op

. , not d esignated for publication ) (per curiam) ; see In re Hill , No. 03

– 14

– 00798

– CV, 2015 WL 134829, at *1 (Tex. App.

– Austin Jan. 6, 2015 , orig. proceeding) (mem. op.) (dismissing for want of jurisdiction petition for writ of mandamus against TDCJ ) ; see also T EX

. G OV ’ T C ODE A NN

. § 22.221

.3 

## COURT OF APPEALS
TWELFT H COURT OF APPEALS DISTRICT OF TEXAS
JUDGMENT

FEBRUARY 10 , 2021
NO. 12

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JOSEPH DONALD SMITH , Relator V.
HON. LAUREN L. PARISH , Respondent

O R IGINAL P ROCEEDING

ON THIS DAY ca me to be heard the petition for writ of ma ndamus filed by Joseph Donald Smith , who is the relator in appellate cause numbe r 12

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- CR and the defendant in trial court cause number 12,108 , formerly pending on the docket of the 115th Judicial District C ourt of Upshur County , Texas. Sa i d petit ion for writ of mandamus having been filed herein on January 26, 2021 , and the same hav ing been duly considered, because it is the opinion of this Court that the writ should not issue , it is therefore CONSIDERED, AD JUDGED and ORDERED that the said petition fo r writ of mandamus be, and the same is, hereby denied

. By per curiam opinion. Panel c onsisted of Worthen, C.J., Hoyle, J. and Neeley, J.4 

## COURT OF APPEALS
TWELFT H COURT OF APPEALS DISTRICT OF TEXAS
JUDGMENT

FE BRUARY 10 , 2021
NO. 12

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- CR

JOSEPH DONALD SMITH , Relator V.
HON. LAUREN L. PARISH , Respondent

O R IGINAL P ROCEEDING

ON THIS DAY came to be heard the petition for writ of ma ndamus filed by Joseph Donald Smith , who is the relator in appellate cause numbe r 12

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- CR and the defendant in trial court cause number 12, 279 , formerly pending on the docket of the 115th Judicial District Court of Upshur County , Texas. Sa i d petit ion for writ of mandamus having been filed herein on January 26, 2021 , and t he same having been duly considered, because it is the opinion of this Court that the writ should not issue , it is therefore CON SIDERED, ADJUDGED and ORDERED that the said petition fo r writ of mandamus be, and the same is, hereby denied

. By per curiam opin ion. Panel c onsisted of Worthen, C.J., Hoyle, J. and Neeley, J.