NO. 07-05-0173-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL D MAY 17, 2005 ______________________________

IN RE: R. WAYNE JOHNSON, Relator _________________________________ Original Proceeding – Memorandum Opinion _______________________________ Before QUINN, REAVIS and CAMPBELL, JJ.

Pending before this court is the pro se petition of R. Wayne Johnson (Johnson) for a writ of mandamus. He asks the court to order Bruce Zeller, the warden supervising the prison wherein Johnson is housed, to comply “with the rules [sic] forms [sic] the basis of this suit . . . .” So too does he seek “injunctive relief” and a restraining order against Zeller.

We deny the petition for the following reasons.

Our power to issue a writ of mandamus against anyone other than a judge is quite limited. That is, we may do so only when necessary to enforce our jurisdiction over a pending appeal. TEX . GOV 'T CODE ANN . §22.221(a) (Vernon 1988). And, before it can be said that we are acting to enforce our jurisdiction over a pending appeal, the dispute made the basis of the relator's application for writ must somehow implicate a pending appeal.

Bush v. Vela, 535 S.W.2d 803, 804 (Tex. Civ. App.–Corpus Christi 1976, orig. proceeding).

Since the subject matter of Johnson's request does not involve a pending appeal, we have no jurisdiction to issue mandamus against Zeller, a prison warden.

Accordingly, relator's petition for writ of mandamus is denied. TEX . R. APP . P. 52.8(a). Furthermore, because we have denied Johnson’s petition for writ of mandamus, we deny his request for injunctive relief and for a restraining order as moot.

Brian Quinn Justice