Court of Civil Appeals of Texas, 2019

in Re Franklin Robert Elkins

in Re Franklin Robert Elkins
Court of Civil Appeals of Texas · Decided July 17, 2019

in Re Franklin Robert Elkins

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-19-00460-CR IN RE Franklin Robert ELKINS Original Mandamus Proceeding 1 PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Irene Rios, Justice Beth Watkins, Justice Delivered and Filed: July 24, 2019 PETITION FOR WRIT OF MANDAMUS DISMISSED FOR WANT OF JURISDICTION On July 8, 2019, relator filed a motion for leave to file a petition for writ of mandamus.

No leave is required to file a petition for writ of mandamus; therefore, we deny the motion for leave to file as moot.

In his petition for writ of mandamus, relator seeks to compel the Board of Pardons and Paroles to annul or vacate a March 25, 2019 panel decision and to reconsider the decision en banc.

This court’s mandamus jurisdiction does not extend to the Board of Pardons and Paroles. See TEX. GOV’T CODE § 22.221(a), (b). Therefore, we dismiss his petition for want of jurisdiction.

PER CURIAM Do not publish

This proceeding arises from a parole panel decision by the State of Texas Board of Pardons and Paroles.

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