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In re Legate

Court of Appeals of Texas, Seventh District, Amarillo, Panel B
Sep 23, 2009
No. 07-09-0312-CV (Tex. App. Sep. 23, 2009)

Opinion

No. 07-09-0312-CV

September 23, 2009.

Original Mandamus Proceeding.

BEFORE QUINN, C.J., and CAMPBELL and HANCOCK, JJ.


Pending before the court is a "Petition for Writ of Mandamus[,] Plaintiffs [sic] Original Petition of Complaint for the Deliberate Denial of Proper Medical Treatment . . ." filed by Luis S. Legate, Jr. Through it, Legate complains about medical treatment he received while incarcerated in a Texas prison. We dismiss the petition.

As an appellate court, we have the authority to issue writs of mandamus to protect our jurisdiction and against a district and county court judge. TEX. GOV. CODE ANN. § 22.221(a) (b) (Vernon 2004). The relief sought by Legate is not against a judge. Nor does the underlying dispute implicate a pending appeal. See In re Washington, 7 S.W.3d 181, 182 (Tex. App.-Houston [1st Dist.] 1999, no pet.) (holding that an appellate court may issue mandamus to protect its jurisdiction when the relief sought implicates a pending appeal). Thus, we have no jurisdiction over the matter.

The petition for writ of mandamus is dismissed.


Summaries of

In re Legate

Court of Appeals of Texas, Seventh District, Amarillo, Panel B
Sep 23, 2009
No. 07-09-0312-CV (Tex. App. Sep. 23, 2009)
Case details for

In re Legate

Case Details

Full title:IN RE: LUIS S. LEGATE, JR., Relator

Court:Court of Appeals of Texas, Seventh District, Amarillo, Panel B

Date published: Sep 23, 2009

Citations

No. 07-09-0312-CV (Tex. App. Sep. 23, 2009)