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In re Newsome

Court of Appeals of Texas, First District, Houston
May 25, 2006
Nos. 01-06-00451-CV, 01-06-00452-CV, 01-06-00453-CV, 01-06-00454-CV, 01-06-00455-CV (Tex. App. May. 25, 2006)

Opinion

Nos. 01-06-00451-CV, 01-06-00452-CV, 01-06-00453-CV, 01-06-00454-CV, 01-06-00455-CV

Opinion issued May 25, 2006.

Original Proceedings on Petitions for Writs of Habeas Corpus, Mandamus, Prohibition, Injunction, and Quo Warranto.

Panel consists of Chief Justice RADACK and Justices TAFT and NUCHIA.


MEMORANDUM OPINION


As best as we can determine, relator Edward Roy Newsome has asserted five separate original proceedings in the papers he filed on December 14, 2005: (1) a petition for a writ of habeas corpus (case number 01-06-00451-CV); (2) a petition for a writ of mandamus (case number 01-06-00452-CV); (3) a petition for a writ of prohibition (case number 01-06-00453-CV); (4) a petition for a writ of injunction (case number 01-06-00454-CV); and (5) a petition for a writ of quo warranto (case number 01-06-00455-CV). We cannot determine the underlying lawsuit or identity of the respondent. Finally, relator has neither paid the required filing fees, nor filed an affidavit of indigence that complies with the requirements of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 5 (requiring payment of fees in civil cases); TEX. R. APP. P. 20.1(a), (c)(2) (establishing indigence); see also TEX. GOV'T CODE ANN. §§ 51.207, 51.941(a), 101.041 (Vernon 2005) (listing fees in court of appeals); FEES CIV. CASES B(1), (3) (listing fees in court of appeals).

A court of appeals has no general writ power over a person — other than a judge of a district or county court — unless issuance of the writ is necessary to enforce the jurisdiction of the court in a case properly before it. See TEX. GOV'T CODE ANN. § 22.221(a), (b) (Vernon 2004); Silva v. Klevenhagen, 833 S.W.2d 746, 747 (Tex.App.-Houston [1st] 1992, orig. proceeding). Because the petitions do not identify the respondent or underlying lawsuit, we have no jurisdiction over relator's petitions.

Accordingly, we dismiss for want of jurisdiction the petitions in case numbers 01-06-00451-CV, 01-06-00452-CV, 01-06-00453-CV 01-06-00454-CV, and 01-06-00455-CV and all requests for relief in those petitions.


Summaries of

In re Newsome

Court of Appeals of Texas, First District, Houston
May 25, 2006
Nos. 01-06-00451-CV, 01-06-00452-CV, 01-06-00453-CV, 01-06-00454-CV, 01-06-00455-CV (Tex. App. May. 25, 2006)
Case details for

In re Newsome

Case Details

Full title:IN RE EDWARD ROY NEWSOME, Relator

Court:Court of Appeals of Texas, First District, Houston

Date published: May 25, 2006

Citations

Nos. 01-06-00451-CV, 01-06-00452-CV, 01-06-00453-CV, 01-06-00454-CV, 01-06-00455-CV (Tex. App. May. 25, 2006)