in Re: Shannon Douthit ( 2010 )

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

IN RE: SHANNON DOUTHIT,                             Relator.	§ § § §  §	No. 08-10-00259-CR AN ORIGINAL PROCEEDING                         IN MANDAMUS

MEMORANDUM OPINION ON PETITION FOR WRIT OF MANDAMUS

            Shannon Douthit has filed a pro se petition for writ of mandamus requesting this Court to order the Judge of the 394th Judicial District Court to file and consider his third, and to reconsider his second applications for writ of habeas corpus pursuant to Texas Code of Criminal Procedure Article 11.07.

            In order to obtain relief through a writ of mandamus, a relator must establish: (1) no other adequate remedy at law is available; and (2) that the act he seeks to compel is ministerial. State ex rel. Young v. Sixth Judicial Dist. Court of Appeals At Texarkana, 236 S.W.3d 207, 210 (Tex.Crim.App. 2007). An act is ministerial if it does not involve the exercise of any discretion. State ex rel. Hill v. Court of Appeals for the Fifth District, 34 S.W.3d 924, 927 (Tex.Crim.App. 2001). Based on the petition and record provided, Relator has not demonstrated he is entitled to mandamus relief. See Tex.R.App.P. 52.8. We therefore deny relator’s request.

September 29, 2010                                                   

                                                                                    ANN CRAWFORD McCLURE, Justice

Before Chew, C.J., McClure, and Rivera, JJ.

(Do Not Publish)