in Re: Shannon Mark Douthit

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

§ No. 08-11-00379-CR IN RE: SHANNON MARK DOUTHIT,

§ ORIGINAL PROCEEDING RELATOR. ON PETITION FOR WRIT OF § MANDAMUS

MEMORANDUM OPINION

Relator Shannon Douthit, pro se, has filed a petition for writ of mandamus requesting that this Court compel the presiding judge of the 394th Judicial District Court of Presidio County Texas, to consider and grant his application for writ of habeas corpus pursuant to Texas Code of Criminal Procedure Article 11.07.

Relief by writ of mandamus is appropriate in instances where the relator demonstrates there is no adequate remedy at law available to correct the alleged harm, and that the action sought is not discretionary. See Simon v. Levario, 306 S.W.3d 318, 320 (Tex.Crim.App. 2009)(orig. proceeding). Based on the record before us, Relator has not demonstrated he is entitled to mandamus relief. See TEX.R.APP.P. 52.3. Accordingly, the petition is DENIED.

January 18, 2012

CHRISTOPHER ANTCLIFF, Justice Before McClure, C.J., Rivera, and Antcliff, JJ. (Do Not Publish)