Opinion issued November 14, 2002

In The

Court of Appeals

For The

First District of Texas

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NO. 01-02-01169-CV

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IN RE EUGENE SMITH, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator has filed a petition for writ of mandamus complaining that the Texas Department of Criminal Justice has failed to properly calculate his time credits and discharge date. This Court has no mandamus jurisdiction over the Texas Department of Criminal Justice. See Tex. Gov't Code Ann. § 22.221 (Vernon Supp. 2002).

Accordingly, the petition for writ of mandamus is dismissed.PER CURIAM

Panel consists of Justices Nuchia, Jennings, and Radack.

Do not publish. Tex. R. App. P. 47.