MEMORANDUM OPINION No. 04-11-00213-CV IN RE Jerry WANZER Original Mandamus Proceeding 1 PER CURIAM Sitting: Sandee Bryan Marion, Justice Phylis J. Speedlin, Justice Rebecca Simmons, Justice Delivered and Filed: April 6, 2011 PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION On March 23, 2011, relator filed a petition for writ of mandamus, seeking to compel “TDCJ-ID John B. Connally Unit prison officials to perform a ministerial function by returning his legal material.” Relator also filed a “motion requesting a preliminary injunction/TRO.”

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

There is no underlying proceeding or trial court listed in relator’s petition.

04-11-00213-CV

FOR LACK OF JURISDICTION and the “motion requesting a preliminary injunction/TRO” is DENIED.

Additionally, relator filed an Application for Leave to File Petition for Writ of Mandamus. No leave is required to file a petition for writ of mandamus in this court. TEX. R. APP. P. 52. Therefore, relator’s motion for leave to file is DENIED as moot.

PER CURIAM

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