in Re Todd-Warren Altschul

Court of Appeals of Texas·Decided May 20, 2010·No. 14-10-00360-CV·Published

Opinion

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed May 20, 2010

In The

Fourteenth Court of Appeals

NO. 14-10-00360-CV

In Re Todd-Warren Altschul, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

MEMORANDUM  OPINION

On April 23, 2010, relator, Todd-Warren Altschul, 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 the petition, relator asks this Court to compel the presiding judge of the 12th District Court of Walker County “to proceed to final judgment” in his suit against the Texas Department of Criminal Justice Inmate Trust Fund.

            A court of appeals has jurisdiction to issue writs 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)(1).  Walker County is not within our appellate district.  Id. § 22.201(o) (Vernon Supp. 2009).  Instead, Walker County is within the Tenth Court of Appeals district.  Id. § 22.201(k).  Because Walker County is not in our appellate district, we have no authority to issue a writ of mandamus directed at the presiding judge of the 12th District Court.

Accordingly, relator’s petition for writ of mandamus is dismissed for lack of jurisdiction.

                                                                                    PER CURIAM

Panel consists of Chief Justice Hedges and Justices Yates and Boyce.

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