Opinion
NO. 01-21-00187-CV
04-27-2021
IN RE ROBERT LEE HICKS, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Robert Lee Hicks, incarcerated and acting pro se, has filed a petition for writ of mandamus with this Court seeking to compel the respondent, the Honorable Hal Ridley, the presiding judge of the 278th District Court in Walker County, Texas to "file [his] Texas Tort Claim[] because[] Walker County District Clerk, Robyn Flowers, refuse[s] to perform her lawful duties as a [d]istrict [c]lerk" to file Hicks's pleading.
We dismiss for lack of jurisdiction.
The State of Texas is divided into fourteen courts of appeals districts. This Court's district "is composed of the counties of Austin, Brazoria, Chambers, Colorado, Fort Bend, Galveston, Grimes, Harris, Waller, and Washington." TEX. GOV'T CODE ANN. § 22.201(a)-(b). Walker County is within the district of the Tenth Court of Appeals located in Waco, Texas. See TEX. GOV'T CODE ANN. § 22.201(k).
This Court lacks jurisdiction to consider a petition for writ of mandamus seeking to compel an action by a trial court of a county not within this Court's district. See TEX. GOV'T CODE ANN. § 22.221(b) (providing courts of appeals may issues writs of mandamus "against a judge of a district, statutory county, statutory probate county, or county court in the court of appeals district"); In re Johnson, 279 S.W.3d 700, 701 (Tex. App.—Amarillo 2007, orig. proceeding) (dismissing petition for writ of mandamus for lack of jurisdiction because relator sought relief against trial court in county not within court of appeals' district). Although this Court does have jurisdiction to issue writs of mandamus "necessary to enforce the jurisdiction of the court," this petition does not seek to enforce our jurisdiction. See In re Williams, 123 S.W.3d 39, 40-41 (Tex. App.—Houston [1st Dist.] 2003, orig. proceeding) (dismissing petition for writ of mandamus because Brazos County was no longer within this Court's district and petition did not seek to enforce jurisdiction of this Court).
Accordingly, the petition for writ of mandamus is dismissed for lack of jurisdiction. See id. at 41. All pending motions are dismissed as moot.
PER CURIAM Panel consists of Chief Justice Radack and Justices Goodman and Farris.