Opinion
No. 01-04-00908-CR
Opinion issued September 9, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
Original Proceeding on Petition for Writ of Mandamus.
Panel consists of Chief Justice RADACK, and Justices KEYES and ALCALA.
MEMORANDUM OPINION
Relator, Jon R. O'Kane, filed in this Court a pro se petition for writ of mandamus complaining that respondent has not ruled on a petition for writ of mandamus that relator filed in the district court. Relator also requests that this Court conduct a " de novo review" of relator's case and reduce the amount of his bond. We deny the petition. This Court will issue a writ of mandamus to correct a clear abuse of discretion or the violation of a duty imposed by law when there is no adequate remedy at law. Canadian Helicopters Ltd. v. Wittig, 876 S.W.2d 304, 305 (Tex. 1994) (orig. proceeding). The relator must provide this Court with a sufficient record to establish his right to mandamus relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992). Relator has not provided this Court with a sufficient record in support of his petition. The Rules of Appellate Procedure provide that relator must file with the petition "a certified or sworn copy of every document that is material to the relator's claim for relief and that was filed in any underlying proceeding." Tex.R.App.P. 52.7(a)(1). None of the documents attached to relator's petition as exhibits are certified or sworn copies. In addition, relator's petition does not show that respondent clearly abused its discretion or violated a legal duty. A district court has mandamus jurisdiction only to enforce its own jurisdiction. Martinez v. Thaler, 931 S.W.2d 45, 46 (Tex. App.-Houston [14th Dist.] 1996, pet. ref'd). According to Exhibit 1 attached to relator's petition in this Court, his petition for writ of mandamus in the district court requested that respondent dismiss cause number 04CR1624 or reduce the amount of relator's bond in that case. Clearly, the purpose of relator's petition in the district court was not to protect the district court's jurisdiction. Finally, relator's petition filed in this Court does not meet the requirements of the Texas Rules of Appellate Procedure because it does not certify that a copy was served on respondent. See Tex.R.App.P. 9.5. The petition for writ of mandamus is denied.
Respondent is the Honorable John Ellisor, Judge, 122nd District Court, Galveston County.