in Re Philip J. Pohl

In The



Court of Appeals



Ninth District of Texas at Beaumont

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NO. 09-07-284 CV

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IN RE PHILIP J. POHL


Original Proceeding


MEMORANDUM OPINION

Philip J. Pohl filed a petition for writ of mandamus on June 4, 2007. Pohl complains that the trial court denied discovery that would reveal that Texas Department of Criminal Justice employees working in the Polunsky Unit mishandled inmate grievances. Pohl requests that this Court order the judge to allow him to obtain discovery.

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. v. Tipps, 842 S.W.2d 266, 271 (Tex. 1992); Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992). Pohl filed notice of appeal in the underlying case, and an active appeal has been docketed in this Court under No. 09-07-285 CV. The relator has not demonstrated his entitlement to mandamus relief, nor has he shown that he has no adequate remedy by appeal. Accordingly, the petition for writ of mandamus is denied.

PETITION DENIED.



PER CURIAM







Opinion Delivered July 12, 2007

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