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In re Cortez

Court of Appeals of Texas, Seventh District, Amarillo
Mar 21, 2024
No. 07-24-00096-CR (Tex. App. Mar. 21, 2024)

Opinion

07-24-00096-CR

03-21-2024

IN RE WALTER CORTEZ, RELATOR


Do not publish.

ORIGINAL PROCEEDING

Before QUINN, C.J., and PARKER and YARBROUGH, JJ.

MEMORANDUM OPINION

Per Curiam

Walter Cortez, Relator, seeks a writ of mandamus directing the 432nd District Court to provide him with "a free copy of [his] documents in reference to [his] case." As we are without authority to issue a mandamus against the respondent, we dismiss the petition for want of jurisdiction.

A court of appeals may issue writs of mandamus against a judge of a district or county court in its geographic district and may issue writs necessary to enforce its jurisdiction. Tex. Gov't Code Ann. § 22.221(a), (b). Relator has directed his mandamus petition against the judge of the 432nd District Court of Tarrant County, which is not located within the geographic district for the Seventh Court of Appeals. See Tex. Gov't Code Ann. § 22.201(h) (identifying counties composing Seventh Court of Appeals District). Although the appeal of Relator's underlying case was transferred to this Court, the transfer did not carry with it any jurisdiction to issue a writ of mandamus in a separate original proceeding. See In re Foster, No. 07-20-00190-CV, 2020 Tex.App. LEXIS 6257, at *2 (Tex. App.-Amarillo Aug. 7, 2020, orig. proceeding) (per curiam) (mem. op.).

Accordingly, we are without authority to issue a writ of mandamus against the judge of the 432nd District Court unless the writ is necessary to enforce our jurisdiction. See Tex. Gov't Code Ann. § 22.221(a). Relator has not demonstrated that our jurisdiction is implicated here. Therefore, we dismiss Relator's petition for writ of mandamus for want of jurisdiction.


Summaries of

In re Cortez

Court of Appeals of Texas, Seventh District, Amarillo
Mar 21, 2024
No. 07-24-00096-CR (Tex. App. Mar. 21, 2024)
Case details for

In re Cortez

Case Details

Full title:IN RE WALTER CORTEZ, RELATOR

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

Date published: Mar 21, 2024

Citations

No. 07-24-00096-CR (Tex. App. Mar. 21, 2024)