TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-21-00205-CV

In re Bobby Oxford, Sr.

ORIGINAL PROCEEDING FROM RUNNELS COUNTY

MEMORANDUM OPINION

Relator Bobby Oxford, Sr., an inmate in the Texas Department of Criminal Justice, has filed a pro se petition for writ of mandamus directed to John H. Best, the District Attorney of Runnels County, Texas. See Tex. Gov’t Code § 22.221; see also Tex. R. App. P. 52.1.

This Court does not have mandamus jurisdiction over a district attorney. See In re Smith, 03-19-00734-CV, 2019 WL 6121405, at *1 (Tex. App.—Austin Nov. 19, 2019, orig. proceeding) (mem. op.); Roberts v. Lowry, 742 S.W.2d 747, 748 (Tex. App.—Houston [1st Dist.] 1987, no writ). By statute, this Court has the authority to issue a writ of mandamus against “a judge of a district, statutory county, statutory probate county, or county court in the court of appeals district” and other writs as necessary to enforce our appellate jurisdiction. See Tex. Gov't Code § 22.221. Thus, the District Attorney of Runnels County is not a party against whom we may issue a writ of mandamus unless necessary to enforce our jurisdiction. Relator has not demonstrated that our jurisdiction is implicated here. We have no jurisdiction to grant relator the relief he seeks.

Accordingly, the petition is dismissed for want of jurisdiction.

__________________________________________ Melissa Goodwin, Justice Before Justices Goodwin, Triana, and Kelly Filed: May 19, 2021