in Re Ronald Darnell Cephus Jr.

• Court: Court of Appeals of Texas
• Decided: September 23, 2008
• Docket: 14-08-00809-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed September 23, 2008

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed September 23, 2008.

In The

Fourteenth Court of Appeals

____________

NO. 14-08-00809-CV

IN RE RONALD DARNELL CEPHUS, JR., Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On August 26, 2008, relator, Ronald Darnell Cephus, 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. 52.1.  In the petition, relator requests this court to compel the respondent, Mary C. Acosta, to respond to the Honorable Mary Lou Keel=s July 14, 2008 order regarding relator=s claim of ineffective assistance of counsel. 

Our jurisdiction to issue writs of mandamus is established by Section 22.221 of the Texas Government Code.  Tex. Gov=t Code Ann. ' 22.221.  Except as otherwise necessary to enforce our jurisdiction, section 22.221 authorizes courts to issue writs of mandamus to judges of district courts and county courts.  Id. ' 22.221(a) & (b)(1).  This court does not have jurisdiction to issue a writ of mandamus because the respondent is not a judge and the issuance of a writ of mandamus is not necessary to enforce our jurisdiction.

Because we do not have jurisdiction over the requested relief, the petition for writ of mandamus is ordered dismissed. 

PER CURIAM

Petition Dismissed and Memorandum Opinion filed September 23, 2008. 

Panel consists of Chief Justice Hedges and Justices Anderson and Frost.