In Re: Alexis Danielle Ross v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 6, 2024
• Docket: 05-24-00919-CV
• Status: Published

Opinion

DISMISS in part DENY in part and Opinion Filed August 6, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-00919-CV

IN RE ALEXIS DANIELLE ROSS, Relator

Original Proceeding from the County Court at Law No. 7 Collin County, Texas Trial Court Cause No. 007-02732-2024

MEMORANDUM OPINION Before Justices Pedersen, III, Smith, and Garcia Opinion by Justice Pedersen, III Before the Court is pro se relator’s August 5, 2024 petition for writ of

prohibition. Relator identifies the respondents as being Amy Cundiff, Court

Administrator, County Court at Law No. 7, in Collin County and Vincent Venegoni,

Justice of the Peace, Precinct 4, Collin County. Relator contends that she is facing

an imminent eviction and asks this Court to compel the Justice of the Peace, Precinct

4 and County Court at Law No. 7 to (1) quash a writ of possession issued on August

5, 2024, and (2) cease all proceedings on a motion to dismiss.

To the extent relator seeks a writ of mandamus or writ of prohibition against

a court administrator or justice of the peace, we dismiss relator’s petition for want of jurisdiction. This Court does not have writ jurisdiction over a justice of the peace

or court administrator unless the justice of the peace or court administrator is

interfering with our appellate jurisdiction. See TEX. GOV’T CODE ANN. § 22.221; see

e.g., In re Gardner, No. 05-19-01087-CV, 2019 WL 4565533, at *1 (Tex. App.—

Dallas Sept. 20, 2019, orig. proceeding) (mem. op.) (dismissing mandamus petition

seeking relief against justice of the peace for want of jurisdiction); cf. In re Cabrera,

No. 05-15-01106-CV, 2015 WL 5692735, at *1 (Tex. App.—Dallas Sept. 29, 2015,

orig. proceeding) (mem. op.) (dismissing for want of jurisdiction mandamus petition

seeking relief against a district clerk). Relator does not identify, and we have not

found, any appeal in this Court relating to relator; thus, our jurisdiction is not in

jeopardy.

To the extent relator asks this Court to issue a writ of mandamus or writ of

prohibition against a judge presiding over County Court at Law No. 7 in Collin

County, we deny relator’s petition. Relator’s petition does not comply with the

Texas Rules of Appellate Procedure in numerous ways.

–2– See TEX. R. APP. P. 52.3(a)–(c), (d)(2), (f)–(h), (j), (k)(1)(A); TEX. R. APP. P.

52.7(a)(1); In re Medhanealem Eritrean Orthodox Tewahedo Church, No. 05-24-

00638-CV, 2024 WL 2717721, at *1 (Tex. App.—Dallas May 28, 2024, orig.

proceeding) (mem. op.) (“A petition for writ of prohibition must comply with rule

52 of the Texas Rules of Appellate Procedure.”).

/Bill Pedersen, III/ BILL PEDERSEN, III 240919F.P05 JUSTICE

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