Opinion
No. 07-09-0312-CV
September 23, 2009.
Original Mandamus Proceeding.
BEFORE QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
Pending before the court is a "Petition for Writ of Mandamus[,] Plaintiffs [sic] Original Petition of Complaint for the Deliberate Denial of Proper Medical Treatment . . ." filed by Luis S. Legate, Jr. Through it, Legate complains about medical treatment he received while incarcerated in a Texas prison. We dismiss the petition.
As an appellate court, we have the authority to issue writs of mandamus to protect our jurisdiction and against a district and county court judge. TEX. GOV. CODE ANN. § 22.221(a) (b) (Vernon 2004). The relief sought by Legate is not against a judge. Nor does the underlying dispute implicate a pending appeal. See In re Washington, 7 S.W.3d 181, 182 (Tex. App.-Houston [1st Dist.] 1999, no pet.) (holding that an appellate court may issue mandamus to protect its jurisdiction when the relief sought implicates a pending appeal). Thus, we have no jurisdiction over the matter.
The petition for writ of mandamus is dismissed.