Court of Appeals of Texas, 2011

in Re David W. Nienas, Relator

in Re David W. Nienas, Relator
Court of Appeals of Texas · Decided December 7, 2011
in Re David W. Nienas, Relator

Opinion

MEMORANDUM OPINION

No. 04-11-00828-CV

IN RE David NIENAS

Original Mandamus Proceeding 1

PER CURIAM

Sitting: Karen Angelini, Justice

Phylis J. Speedlin, Justice

Marialyn Barnard, Justice

Delivered and Filed: December 7, 2011

PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF

JURISDICTION

On November 18, 2011, relator filed a petition for writ of mandamus, seeking to compel the Medina County Sheriff’s Office to proceed with a criminal complaint he filed. However, this court does not have jurisdiction to grant the requested relief. By statute, this court has the authority to issue a writ of mandamus against “a judge of a district or county court in the court of appeals district” and other writs as necessary to enforce our appellate jurisdiction. See TEX. GOV’T CODE ANN. § 22.221(a)-(b) (West 2004). We conclude the writ is not necessary to enforce our jurisdiction. Accordingly, relator’s petition for writ of mandamus is dismissed for lack of jurisdiction.

PER CURIAM

1 This proceeding arises out of Cause No. 11-09-0020792-CV, in the 38th Judicial District Court, Medina County, Texas, the Honorable Camile G. Dubose presiding.

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