Opinion
No. 10-07-00243-CV
Opinion delivered and filed August 22, 2007.
Original Proceeding.
Petition dismissed.
Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.
MEMORANDUM OPINION
Eddie Lee Stephens seeks a writ of mandamus from this Court compelling a justice of the peace to docket a civil suit Stephens desires to pursue in small claims court. However, this Court does not have jurisdiction to issue a writ of mandamus against a justice of the peace. Easton v. Franks, 842 S.W.2d 772, 773-74 (Tex.App.-Houston [1st Dist.] 1992, orig. proceeding) (per curiam); Simpson v. Morgan, 779 S.W.2d 509, 510 (Tex.App.-Beaumont 1989, orig. proceeding); see also TEX. GOV'T CODE ANN. § 22.221(b)(1) (Vernon 2004) (court of appeals may issue writ of mandamus against a "judge of a district or county court in the court of appeals district"). Accordingly, we dismiss this proceeding for want of jurisdiction. See Easton, 842 S.W.2d at 773-74; Simpson, 779 S.W.2d at 510.
Section 22.221 also permits this Court to issue any writ "necessary to enforce the jurisdiction of the court." TEX. GOV'T CODE ANN. § 22.221(a) (Vernon 2004). However, Stephens does not contend and the limited record before us does not show that issuance of the requested writ is necessary to enforce this Court's jurisdiction. See Easton v. Franks, 842 S.W.2d 772, 773 (Tex.App.-Houston [1st Dist.] 1992, orig. proceeding) (per curiam).