Opinion
No. 14-07-01025-CV
Opinion filed January 29, 2008. DO NOT PUBLISH. Tex. R. App. Proc. 47.2(b).
ORIGINAL PROCEEDING WRIT OF MANDAMUS.
Panel consists of Justices YATES, GUZMAN, and BROWN.
MEMORANDUM OPINION
On November 30, 2007, relator John Gray filed a petition for writ of mandamus. See Tex. Gov't Code Ann. § 22.221 (Vernon 2004); see also Tex. R. App. Proc. 52. In his petition, relator asks this court to direct respondent David Patronella, Justice of the Peace of Harris County, to (1) return to him certain mail (from relator to the clerk of the 230th District Court of Harris County) that was erroneously received by a member of respondent's staff; or (2) forward such mail to the clerk of the 230th District Court of Harris County at the proper address. Texas Government Code Section 22.221 authorizes this court to issue writs of mandamus (1) against a judge of a district or county court in the court of appeals's district or (2) where necessary to enforce this court's jurisdiction. Tex. Gov't Code Ann. § 22.221 (Vernon 2004). Relator has not claimed or shown that the relief he requests is necessary to enforce this court's jurisdiction, and this court has no independent authority to issue a writ of mandamus against a justice of the peace. See, e.g., Easton v. Franks, 842 S.W.2d 772 (Tex.App. — Houston [1st Dist.] 1992, orig. proceeding); Simpson v. Morgan, 779 S.W.2d 509 (Tex.App.-Beaumont 1989, orig. proceeding). This proceeding is, therefore, dismissed for lack of jurisdiction.