in Re Ismael Diaz

Opinion

Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-14-00797-CR

IN RE Ismael DIAZ

Original Mandamus Proceeding 1 PER CURIAM

Sitting: Marialyn Barnard, Justice Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice

Delivered and Filed: November 26, 2014 PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION On November 17, 2014, relator filed a pro se petition for writ of mandamus seeking an order from this court directing the district clerk of Starr County to file relator’s motions. This court does not have jurisdiction to grant the requested relief. By statute, this court has the authority to issue a writ of mandamus against “a judge of a district or county court in the court of appeals district” and other writs as necessary to enforce our appellate jurisdiction. See TEX. GOV’T CODE ANN. § 22.221(a)-(b) (West 2004); see also In re Bernard, 993 S.W.2d 453, 454 (Tex. App.— Houston [1st Dist.] 1999, orig. proceeding). We conclude the writ is not necessary to enforce our jurisdiction in this instance. Accordingly, relator’s petition for writ of mandamus is dismissed for lack of jurisdiction.

1 This proceeding arises out of Cause No. 96-CR-170, styled The State of Texas v. Ismael Diaz Jr., pending in the 229th Judicial District Court, Starr County, Texas, the Honorable Ana Lisa Garza presiding.

04-14-00797-CR

Additionally, relator requested leave to file the petition for writ of mandamus. No leave is required to file a petition for writ of mandamus in this court. TEX. R. APP. P. 52. Therefore, relator’s request for leave to file is denied as moot.

PER CURIAM

DO NOT PUBLISH