In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-05-027 CV
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IN RE JAMES KEYLICH
James Keylich filed a petition for writ of mandamus on January 21, 2005. The relator is currently confined in the Texas Department of Criminal Justice, Correctional Institutions Division. Relator contends that the trial court appointed legal counsel to represent a group of inmates, including the relator, in a lawsuit over injuries sustained by exposure to toxic gas. The trial court permitted counsel to withdraw as relator's counsel after Keylich filed a pro se motion to reject a settlement offer negotiated by counsel. The relator petitions the Court to order the judge presiding in the 253rd District Court to appoint legal counsel to represent Keylich in the litigation.
Mandamus will issue only to correct a clear abuse of discretion or violation of a duty imposed by law when that abuse cannot be remedied by appeal. Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex.1992); Walker v. Packer, 827 S.W.2d 833, 839 (Tex.1992). The relator has not demonstrated that the trial court abused its discretion, nor has he shown that he is entitled to the relief sought. Accordingly, the petition for writ of mandamus is denied.
WRIT DENIED.
PER CURIAM
Opinion Delivered February 10, 2005
Before Gaultney, Kreger and Horton, JJ.
1. Tex. R. App. P. 47.4.