in Re Bobby Oxford, Sr.

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-21-00205-CV

In re Bobby Oxford, Sr.

ORIGINAL PROCEEDING FROM RUNNELS COUNTY

MEMORANDUM OPINION

Relator Bobby Oxford, Sr., an inmate in the Texas Department of Criminal Justice, has filed a pro se petition for writ of mandamus directed to John H. Best, the District Attorney of Runnels County, Texas. See Tex. Gov’t Code § 22.221; see also Tex. R. App. P. 52.1.

This Court does not have mandamus jurisdiction over a district attorney. See In re Smith, 03-19-00734-CV, 2019 WL 6121405, at *1 (Tex. App.—Austin Nov. 19, 2019, orig. proceeding) (mem. op.); Roberts v. Lowry, 742 S.W.2d 747, 748 (Tex. App.—Houston [1st Dist.] 1987, no writ). By statute, this Court has the authority to issue a writ of mandamus against “a judge of a district, statutory county, statutory probate county, or county court in the court of appeals district” and other writs as necessary to enforce our appellate jurisdiction. See Tex. Gov't Code § 22.221. Thus, the District Attorney of Runnels County is not a party against whom we may issue a writ of mandamus unless necessary to enforce our jurisdiction. Relator has not

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demonstrated that our jurisdiction is implicated here. We have no jurisdiction to grant relator the relief he seeks.

Accordingly, the petition is dismissed for want of jurisdiction.

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Melissa Goodwin, Justice

Before Justices Goodwin, Triana, and Kelly Filed: May 19, 2021