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IN RE: Jonique Ramon Webster
MEMORANDUM OPINION
Jonique Ramon Webster, an inmate, has filed a document that we will treat as an original proceeding against Joni White, the alleged Classifications Chief of the Texas Department of Criminal Justice.1 Webster, who alleges that she is in the general prison population, seeks to be reclassified and placed in a protective-custody unit.
An appeals court lacks mandamus jurisdiction over a person such as a state employee except when necessary to protect its jurisdiction over a pending appellate proceeding. See Tex. Gov't Code Ann. § 22.221(a) (Vernon 2004); see generally id. § 22.221(b, d). Because the protection of our jurisdiction is not involved in this proceeding, we dismiss it for lack of jurisdiction.
FOOTNOTES
1. Webster's filing has many deficiencies. It lacks proof of service; a copy of all documents presented to the Court must be served on all parties (i.e., the respondent) and must contain proof of service. Tex.R.App. P. 9.5, 52.2. The filing also lacks most of the contents required by Rule 52. Id. 52.3, 52.7. It does not include the certification required by Rule of Appellate Procedure 52.3(j). Id. 52.3(j). It lacks a record and an appendix. Id. 52.3(k), 52.7. It also fails to comply with Chapter 14 of the Civil Practice and Remedies Code. Tex. Civ. Prac. & Rem.Code Ann. §§ 14.002(a), 14.004(a, c) (West Supp.2015); Douglas v. Turner, 441 S.W.3d 337, 338 (Tex.App.—Waco 2013, no pet.). To expedite this matter, we invoke Rule of Appellate Procedure 2 to suspend these requirements. Id. 2.
REX D. DAVIS, Justice
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Docket No: No. 10–16–00078–CV
Decided: March 24, 2016
Court: Court of Appeals of Texas, Waco.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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