in Re: Billy Ray Johnson, by and Through Next Friend Lue Wilson

Opinion

In The Court of Appeals Sixth Appellate District of Texas at Texarkana

______________________________

No. 06-08-00097-CV ______________________________

IN RE: BILLY RAY JOHNSON BY AND THROUGH NEXT FRIEND LUE WILSON

Original Mandamus Proceeding

Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Justice Carter MEMORANDUM OPINION

Counsel has filed a petition asking this Court to issue a writ of mandamus against Judge John

Ovard, Administrative Judge of the First Administrative Region, in Dallas, Texas. In the petition,

counsel complains because Ovard did not direct that a hearing be held on a motion that they filed

seeking to recuse a district judge.

This Court has jurisdiction to issue a writ of mandamus against "a judge of a district or

county court in the court of appeals district." TEX . GOV 'T CODE ANN . § 22.221(b) (Vernon 2004).

Dallas County is not within the territorial jurisdiction of this Court, and Ovard is not a judge of a

district or county court within our district. See TEX . GOV 'T CODE ANN . § 22.201(g). We have no

jurisdiction over this petition.

We deny the petition for writ of mandamus.

Jack Carter Justice

Date Submitted: September 9, 2008 Date Decided: September 10, 2008