in Re: Joseph Cobb

• Court: Court of Appeals of Texas
• Decided: July 21, 2005
• Docket: 14-05-00650-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed July 21, 2005

Petition for Writ of Mandamus Denied and Memorandum Opinion filed July 21, 2005.

In The

Fourteenth Court of Appeals

____________

NO. 14-05-00650-CV

IN RE JOSEPH COBB, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On July 1, 2005, relator filed a petition for writ of mandamus in this court.  See Tex. Gov=t. Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52.  In his petition, relator sought to have this court compel the Harris County District Clerk to act on his motion to quash or, alternatively, for a speedy trial in his pending criminal cases. 

We have jurisdiction to issue writs of mandamus against a district court judge or county court judge in our district, and we may issue all writs necessary to enforce our jurisdiction.  Tex. Code Crim. Proc. Ann. art. ' 22.221(a), ' 22.221(b) (Vernon 2004).  We have no jurisdiction to issue a writ of mandamus against a district clerk unless such is necessary to enforce our jurisdiction.  In re Washington, 7 S.W.3d 181, 182 (Tex. App.CHouston [1st Dist.] 1999, orig. proceeding).  Relator does not have an appeal pending in this matter; thus, we have no jurisdiction to enforce.

Accordingly, we deny relator=s petition for writ of mandamus.

PER CURIAM

Petition Denied and Memorandum Opinion filed July 21, 2005.

Panel consists of Justices Yates, Anderson and Hudson.