Court of Civil Appeals of Texas, 2021

in Re Nasario Vasquez

in Re Nasario Vasquez
Court of Civil Appeals of Texas · Decided October 7, 2021

in Re Nasario Vasquez

Opinion

Opinion issued October 7, 2021

In The Court of Appeals For The First District of Texas ———————————— NO. 01-20-00834-CV ——————————— IN RE NASARIO VASQUEZ, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION Relator, Nasario Vasquez, has filed a petition for writ of mandamus asking that we order the Director of the Texas Department of Criminal Justice (TDCJ) to transport relator to a hospital for treatment of a staph infection.1

There is no underlying trial court case for this proceeding, but appellant’s original criminal conviction was in trial court case number 1464140, styled The State of Texas v. Nasario Vasquez. This proceeding concerns treatment of a medical condition by TDCJ staff.

This Court has power to issue writs to enforce our jurisdiction and against judges of district or county courts in our court of appeals district. See TEX. GOV’T CODE § 22.221(a), (b). The Legislature has not given this Court the power to issue mandamus relief against the Director of TDCJ.

Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P. 52.8(a). Any pending motions are dismissed as moot.

PER CURIAM Panel consists of Justices Kelly, Hightower, and Farris.

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