in Re Brian K. McPherson

Court of Appeals of Texas·Decided June 29, 2010·No. 14-10-00519-CV·Published

Opinion

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed June 29, 2010.

In The

Fourteenth Court of Appeals

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NO. 14-10-00519-CV

NO. 14-10-00520-CV

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IN RE BRIAN K. MCPHERSON, Relator


ORIGINAL PROCEEDING

WRIT OF MANDAMUS


MEMORANDUM OPINION

            On June 14, 2010, relator, Brian K. McPherson, filed two petitions for writ of mandamus in this Court.  See Tex. Gov’t Code Ann §22.221 (Vernon 2004); see also Tex. R. App. P. 52.1.

            This Court’s mandamus jurisdiction is governed by Section 22.221 of the Texas Government Code.  Section 22.221 expressly limits the mandamus jurisdiction of the courts of appeals to:  (1) writs against a district court judge or county court judge in the court of appeals’ district, and (2) all writs necessary to enforce the court of appeals’ jurisdiction.  Tex. Gov’t Code Ann. § 22.221.  Because the petitions for writ of mandamus are directed toward a district court outside of this court’s district and it is not necessary to enforce this court’s jurisdiction, we have no jurisdiction.  See Tex. Gov’t Code Ann. § 22.221(b)(1).[1]

            Accordingly, the petitions for writ of mandamus are ordered dismissed.

                                                            PER CURIAM

Panel consists of Justices Brown, Sullivan, and Christopher.



[1] Although the related appeal was transferred to this court, we do not have jurisdiction over this original proceeding.

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