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Silva v. Klevenhagen

Court of Appeals of Texas, Houston, First District
Jul 16, 1992
833 S.W.2d 746 (Tex. App. 1992)

Summary

dismissing petition against sheriff

Summary of this case from In re Ireland

Opinion

No. 01-92-00529-CV.

July 16, 1992.

Henry Silva, pro se.

John B. Holmes, Houston, for respondent.

Before SAM BASS, MIRABAL and O'CONNOR, JJ.


OPINION


Relator, presently confined at the Harris County Jail, filed a pro se application for writ of mandamus seeking an order from this Court directing respondent to provide him with a sleeping bunk, pursuant to a right that relator asserts accrues to him under TEX.LOCAL GOV'T CODE ANN. Sec. 351.013 LOC. GOV'T.(a) (Vernon 1988).

Because respondent is not a judge of a district or county court in this court of appeals district, and because the issuance of the writ relator seeks is not necessary to enforce the jurisdiction of this Court in a case properly before it, this Court lacks jurisdiction to grant the relief relator seeks. See TEX.GOV'T CODE ANN. Sec. 22.221(a) and (b) (Vernon 1988); see also Welder v. Fritz, 750 S.W.2d 930, 932 (Tex.App.-Corpus Christi 1988, orig. proceeding) (court of appeals has no jurisdiction to issue writ of mandamus to family court master, because master not a district or county court judge).

Relator's motion for leave to file petition for writ of mandamus is OVERRULED.


Summaries of

Silva v. Klevenhagen

Court of Appeals of Texas, Houston, First District
Jul 16, 1992
833 S.W.2d 746 (Tex. App. 1992)

dismissing petition against sheriff

Summary of this case from In re Ireland
Case details for

Silva v. Klevenhagen

Case Details

Full title:Henry J. SILVA, Relator, v. Johnny KLEVENHAGEN, Sheriff of Harris County…

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

Date published: Jul 16, 1992

Citations

833 S.W.2d 746 (Tex. App. 1992)

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