Opinion
NO. 01-11-00998-CR
12-01-2011
IN RE MELVIN G. HENRY, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Melvin G. Henry, has filed a pro se petition for writ of mandamus. See TEX. GOV'T CODE ANN. § 22.221(b) (Vernon 2004); see also TEX. R. APP. P. 52.1. In the petition, relator asks this Court to compel the presiding judge of the 221st District Court of Montogomery County to rule on his motion for judgment nunc pro tunc.
A court of appeals has jurisdiction to issue writs of mandamus against a "judge of a district or county court in the court of appeals district." TEX. GOV'T CODE ANN. § 22.221(b)(1). Montgomery County is not within our appellate district. See id. § 22.201(b) (Vernon Supp. 2011). Montgomery County is within the Ninth Court of Appeals's district. Id. § 22.201(j). Because Montgomery County is not in our appellate district, we have no authority to issue a writ of mandamus directed at the presiding judge of the 221st District Court.
Accordingly, relator's petition for writ of mandamus is dismissed for lack of jurisdiction.
PER CURIAM
Panel consists of Justices Keyes, Higley, and Massengale. Do not publish. TEX. R. APP. P. 47.2(b).