Court of Civil Appeals of Texas, 2011

in Re Jaime Luevano, Relator

in Re Jaime Luevano, Relator
Court of Civil Appeals of Texas · Decided March 9, 2011

in Re Jaime Luevano, Relator

Opinion

MEMORANDUM OPINION No. 04-11-00114-CV IN RE Jaime LUEVANO Original Mandamus Proceeding 1 PER CURIAM Sitting: Rebecca Simmons, Justice Steven C. Hilbig, Justice Marialyn Barnard, Justice Delivered and Filed: March 9, 2011 PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION On February 11, 2011, relator filed a petition for writ of mandamus, seeking to compel the district attorney in Floresville, TX to file charges against an officer at the prison where relator is confined. 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 There is no underlying proceeding or trial court listed in relator’s petition.

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