in Re: Eric Flores

Opinion

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

IN RE: ERIC FLORES	§	No. 08-06-00306-CV AN ORIGINAL PROCEEDING IN MANDAMUS

MEMORANDUM OPINION ON PETITION FOR WRIT OF MANDAMUS

            Relator Eric Flores asks this Court to issue a writ of mandamus against the Honorable M. Sue Kurita, Judge of County Court at Law No. 6, El Paso County, Texas, to compel the trial court to proceed with trial and preserve the status quo in his suit against El Paso County Sheriff Leo Samaniego. Mandamus will lie only to correct a clear abuse of discretion. Walker v. Packer, 827 S.W.2d 833, 840 (Tex. 1992)(orig. proceeding). Moreover, there must be no other adequate remedy at law. Id. Based on the record before us, we are unable to conclude that Respondent clearly abused her discretion or that Relator has no other adequate remedy. To the extent that Relator seeks a writ of mandamus against Sheriff Leo Samaniego, the Sheriff’s Department, and the County Jail Administration, we have no authority to issue a writ of mandamus to those parties in this case. See Tex.Gov’t Code Ann. § 22.221(a), (b)(Vernon 2004). The petition for writ of mandamus is denied.

December 7, 2006

DAVID WELLINGTON CHEW, Chief Justice

Before Chew, C.J., McClure, and Carr, JJ.