Opinion
No. 04-05-00072-CV
Delivered and Filed: February 16, 2005.
Original Mandamus Proceeding.
Petition for Writ of Mandamus Dismissed in Part for Want of Jurisdiction and Denied in Part.
Sitting: Sarah B. DUNCAN, Justice, Karen ANGELINI, Justice, Phylis J. SPEEDLIN, Justice.
MEMORANDUM OPINION
In this original mandamus proceeding, Relator Ben W. McCoin primarily complains of the conduct of respondents Robert L. Schmidt and Ricky Boerm, both of whom are employees of the Texas Department of Criminal Justice — Institutional Division; Janice Gentry, the District Clerk of Red River County, Texas; and the Honorable John F. Miller, Jr., presiding judge of the 102nd Judicial District Court, Red River County, Texas. This court has statutory authority to issue a writ of mandamus only 1) when necessary to enforce this court's jurisdiction, Tex. Gov. Code Ann. § 22.221(a) (Vernon 2004) and 2) against a judge of a district or county court within this court's district. Id. § 22.221(b). Section 22.221(b) is unavailing because the 102nd District Court is not in this court's district. Therefore, the only possible statutory authority under which this court might issue a writ of mandamus against these respondents is section 22.221(a). But this court's authority to issue a writ of mandamus under section 22.221(a) is limited to those situations in which issuance of the writ is necessary to enforce this court's actual, as opposed to potential, jurisdiction. See In re Moody, 93 S.W.3d 928, 929 (Tex.App.-Amarillo 2003, orig. proceeding); In re Solis, No. 04-02-00719-CV, 2002 WL 31374853, at *1 (Tex.App.-San Antonio Oct. 23, 2002, orig. proceeding) (not designated for publication); In re Salas, 994 S.W.2d 422, 423 (Tex.App.-Waco 1999, orig. proceeding); Shelvin v. Lykos, 741 S.W.2d 178, 181 (Tex.App.-Houston [1st Dist.] 1987, orig. proceeding). However, none of the conduct about which McCoin complains implicates an appeal pending in this court or an attempt to appeal to this court; nor does it interfere with this court's ability to resolve a matter pending before this court. Accordingly, the petition for a writ of mandamus against Robert L. Schmidt, Ricky Boerm, Janice Gentry, and the Honorable John F. Miller, Jr., is dismissed for want of jurisdiction.
McCoin also complains that the "218th district court will not answer upon Relator's filed civil action on T.D.C.J.-I.D. Connally Unit." The 218th Judicial District Court is in Karnes County, Texas and therefore in this court's district. However, McCoin has not alleged facts or provided a record demonstrating that the judge of the 218th Judicial District Court has abused her discretion with respect to a matter pending in that court. McCoin has thus failed to show himself entitled to relief.
Accordingly, relator's petition for a writ of mandamus is dismissed in part for want of jurisdiction and denied in part.
No costs shall be assessed against relator because he is indigent.
The clerk of this court is directed to transmit a copy of this opinion to all parties.