in Re: Ricky L. Gilmore

• Court: Court of Appeals of Texas
• Decided: January 4, 2011
• Docket: 06-10-00136-CV
• Status: Published

Opinion

                                                         In The

                                                Court of Appeals

                        Sixth Appellate District of Texas at Texarkana

                                                ______________________________

                                                             No. 06-10-00136-CV

                                        IN RE:  RICKY L. GILMORE

                                                     Original Mandamus Proceeding

                                          Before Morriss, C.J., Carter and Moseley, JJ.

                                            Memorandum Opinion by Justice Moseley

                                                     MEMORANDUM  OPINION

            Ricky L. Gilmore has filed a petition for writ of mandamus in which he asks this Court to order the Honorable Pam Fletcher of the 349th Judicial District Court of Houston County, Texas, to provide him with the due process required by law in connection with its order withdrawing money from his prison trust account.  His appeal from his criminal conviction was transferred to this Court from the Twelfth Court of Appeals by the Texas Supreme Court as part of its docket equalization activities.  This separate, civil mandamus was presented for filing directly to this Court by Gilmore. 

            This Court has jurisdiction to issue a writ of mandamus against a “judge of a district or county court in the court of appeals district.”  Tex. Gov’t Code Ann. § 22.221(b) (Vernon 2004).  Houston County is not within the territorial jurisdiction of this Court.  Tex. Gov’t Code Ann. § 22.201(g) (Vernon Supp. 2010).  Further, the order is not ancillary to, and does not otherwise affect Gilmore’s criminal appeal.  See generally In re Richardson, 252 S.W.3d 822, 830 (Tex. App.—Texarkana 2008, orig. proceeding); Tex. Capital Bank–Westwood v. Johnson, 864 S.W.2d 186 (Tex. App.—Texarkana 1993, orig. proceeding). 

            We deny the petition for want of jurisdiction.

                                                                        Bailey C. Moseley

                                                                        Justice

Date Submitted:          January 3, 2011

Date Decided:             January 4, 2011