Opinion
No. 04-15-00490-CR
08-12-2015
IN RE Joseph Aaron HENRY
MEMORANDUM OPINION
Original Mandamus Proceeding PER CURIAM Sitting: Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION
This proceeding arises out of Cause Nos. J92-53A, styled In the Matter of J.A.H., A Child, County Court, Kerr County, Texas, and A92-385, styled The State of Texas v. Joseph Aaron Henry, 216th Judicial District Court, Kerr County, Texas. --------
On August 5, 2015, relator Joseph Aaron Henry filed a pro se petition for writ of mandamus in which he complains that the clerks and County Attorney for Kerr County have failed to respond to or facilitate his requests to set depositions and obtain a copy of the file and transcripts from a 1992 juvenile proceeding which was transferred to criminal district court for trial and disposition. 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). Relator does not have any properly filed motions which have been pending in a presently open proceeding for an unreasonable period of time awaiting disposition. See Safety-Kleen Corp. v. Garcia, 945 S.W.2d 268, 269 (Tex. App.—San Antonio 1997, orig. proceeding). Nor does he complain of any action taken by a judge in this court of appeals district. See TEX. R. APP. P. 52.3(d)(3). The writ is not necessary to enforce our appellate jurisdiction. Accordingly, relator's petition for writ of mandamus is dismissed for lack of jurisdiction.
PER CURIAM DO NOT PUBLISH