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In re Scott

State of Texas in the Eleventh Court of Appeals
May 11, 2017
No. 11-17-00120-CV (Tex. App. May. 11, 2017)

Opinion

No. 11-17-00120-CV

05-11-2017

IN RE KEVIN EARL SCOTT


Original Mandamus Proceeding

MEMORANDUM OPINION

Relator, Kevin Earl Scott, has filed in this court an original mandamus proceeding. He requests that we issue a writ of mandamus to Stan Standridge, the chief of police of the Abilene Police Department, to require Chief Standridge to perform various duties related to alleged crimes against Relator. We dismiss Relator's petition for want of jurisdiction.

A court of appeals has no general writ power over a person other than a judge of a district or county court unless issuance of the writ is necessary to enforce the court's jurisdiction. See TEX. GOV'T CODE ANN. § 22.221 (West 2004). Relator has not shown that a writ of mandamus directed to Chief Standridge is necessary to enforce our jurisdiction. Accordingly, we do not have jurisdiction to issue a writ of mandamus against him.

Relator asks that, in the event that we determine that he has filed this matter in the wrong court, we send his petition for writ of mandamus to the district clerk to be filed with them. We decline to do so, and we note that a district court has mandamus jurisdiction only to enforce its own jurisdiction. Id. § 24.011; Garrett v. Williams, 250 S.W.3d 154, 159 (Tex. App.—Fort Worth 2008, no pet.).

Relator's petition for writ of mandamus is dismissed for want of jurisdiction.

PER CURIAM May 11, 2017 Do not publish. See TEX. R. APP. P. 47.2(b). Panel consists of: Wright, C.J.,
Willson, J., and Bailey, J.


Summaries of

In re Scott

State of Texas in the Eleventh Court of Appeals
May 11, 2017
No. 11-17-00120-CV (Tex. App. May. 11, 2017)
Case details for

In re Scott

Case Details

Full title:IN RE KEVIN EARL SCOTT

Court:State of Texas in the Eleventh Court of Appeals

Date published: May 11, 2017

Citations

No. 11-17-00120-CV (Tex. App. May. 11, 2017)