in Re Benson Gillis

In The



Court of Appeals



Ninth District of Texas at Beaumont



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NO. 09-07-446 CV

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IN RE BENSON GILLIS




Original Proceeding


MEMORANDUM OPINION

Benson Gillis petitions for writs of prohibition and mandamus to issue against Nathaniel Quarterman in his capacity as Director of the Correctional Institutions Division of the Texas Department of Criminal Justice. Gillis alleges funds from his inmate trust fund account are being forfeited illegally as a result of a disciplinary proceeding. His petition does not identify any active litigation filed in a court in this Court's district. Gillis does not have an appeal pending in this Court and his petition does not mention any order or judgment of this Court from a previous appeal.

Our power to issue a writ of mandamus does not extend to the Department of Criminal Justice and its personnel unless the relator establishes that the writ must issue to enforce our jurisdiction. See Tex. Gov't Code Ann. § 22.221 (Vernon 2004). Likewise, a writ of prohibition may issue only to remedy the unlawful interference with the enforcement of an order or judgment of the issuing court. Holloway v. Fifth Court of Appeals, 767 S.W.2d 680, 683 (Tex. 1989). Gillis has not shown that he is entitled to extraordinary relief from this Court. Accordingly, we deny the petition for writ of mandamus and prohibition.

PETITION DENIED.

PER CURIAM

Opinion Delivered October 11, 2007

Before McKeithen, C.J., Gaultney and Horton, JJ.