in Re John Gray

• Court: Court of Appeals of Texas
• Decided: January 29, 2008
• Docket: 14-07-01025-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed January 29, 2008

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed January 29, 2008.

In The

Fourteenth Court of Appeals

____________

NO. 14-07-01025-CV

IN RE JOHN GRAY, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On November 30, 2007, relator John Gray filed a petition for writ of mandamus.  See Tex. Gov=t Code Ann. '22.221 (Vernon 2004); see also Tex. R. App. Proc. 52.  In his petition, relator asks this court to direct respondent David Patronella, Justice of the Peace of Harris County, to (1) return to him certain mail (from relator to the clerk of the 230th District Court of Harris County) that was erroneously received by a member of respondent=s staff; or (2) forward such mail to the clerk of the 230th District Court of Harris County at the proper address.

Texas Government Code Section 22.221 authorizes this court to issue writs of mandamus (1) against a judge of a district or county court in the court of appeals=s district or (2) where necessary to enforce this court=s jurisdiction.  Tex. Gov=t Code Ann. '22.221 (Vernon 2004).  Relator has not claimed or shown that the relief he requests is necessary to enforce this court=s jurisdiction, and this court has no independent authority to issue a writ of mandamus against a justice of the peace.  See, e.g., Easton v. Franks, 842 S.W.2d 772 (Tex. App.CHouston [1st Dist.] 1992, orig. proceeding); Simpson v. Morgan, 779 S.W.2d 509 (Tex. App.CBeaumont 1989, orig. proceeding).  This proceeding is, therefore, dismissed for lack of jurisdiction.

PER CURIAM

Petition Dismissed and Memorandum Opinion filed January 29, 2008.

Panel consists of Justices Yates, Guzman, and Brown.

Do Not Publish B Tex. R. App. Proc. 47.2(b).