in Re: Clifford Allen Smith

• Court: Court of Appeals of Texas
• Decided: April 5, 2007
• Docket: 14-07-00262-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed April 5, 2007

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed April 5, 2007.

In The

Fourteenth Court of Appeals

____________

NO. 14-07-00262-CV

IN RE CLIFFORD ALLEN SMITH,

 Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On March 23, 2007, relator Clifford Allen Smith filed an AApplication for Writ of Habeas Corpus@ asking this court to vacate a Aconviction@ rendered against him in Justice of the Peace Court, Precinct 5, Galveston County, Texas, and order the Texas Department of Public Safety to delete their records regarding that offense.  Although relator is currently an inmate, his confinement is due to an unrelated offense.  In the body of his petition, relator complains that the justice of the peace court has not responded to his habeas corpus petition filed in that court on January 3, 2007.  

Even construing relator=s petition as one for a writ of mandamus, a court of appeals does not have authority to issue a writ of mandamus against a justice of the peace unless it is necessary to enforce its jurisdiction.  See Tex. Gov=t Code Ann. ' 22.221 (Vernon 2004) (stating that a court of appeals has the authority to issue writs of mandamus against a judge of a district or county court in the appellate court=s district and all writs necessary to enforce its jurisdiction); Easton v. Franks, 842 S.W.2d 772, 773 (Tex. App.CHouston [1st Dist.] 1992, orig. proceeding).  Relator does not argue that issuance of the writ is necessary to enforce our jurisdiction. 

Because relator is seeking relief that is not within this court=s mandamus authority, we dismiss his petition for lack of jurisdiction.                                                                         

PER CURIAM

Petition Dismissed and Memorandum Opinion filed April 5, 2007.

Panel consists of Justices Frost, Seymore, and Guzman.