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In Re Reginald A. Noble

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MEMORANDUM OPINION

Reginald A. Noble, an inmate in the Texas Department of Criminal Justice,*fn1 has filed a document entitled Motion for Leave to File Writ of Mandamus and Prohibition. A motion for leave to file a petition for writ of mandamus is required when relief is sought from the court of criminal appeals. See Tex. R. App. P. 72.1. A motion for leave is not required for such a petition filed in an intermediate appellate court. See Tex. R. App. P. 52.1. An original proceeding seeking extraordinary relief in a court of appeals is commenced by the filing of a petition. See id. Thus, under the applicable rules, if mandamus relief is sought from an intermediate court, such as the Third Court of Appeals, a motion for leave to file the petition is unnecessary.

To the extent that Noble’s document could be read as a petition initiating an original appellate proceeding seeking extraordinary relief, see id., there is simply inadequate information supplied to even begin to address the legal merits. First, Noble does not name a Respondent, and it is unclear from the body of the document against whom he seeks mandamus relief. Second, it is difficult to discern the precise nature of Noble’s complaint. Consequently, it is unclear what remedy or relief he seeks.

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