Salvador Rodriguez v. State

• Court: Court of Appeals of Texas
• Decided: January 16, 2013
• Docket: 07-11-00093-CR
• Status: Published

Opinion

NO. 07-12-0536-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL A

JANUARY 16, 2013

______________________________

IN RE RICKY MEALS, RELATOR

ORIGINAL PROCEEDING ARISING OUT OF PROCEEDINGS BEFORE THE 64TH DISTRICT COURT OF HALE COUNTY; NO. B 17074-0701; HONORABLE ROBERT W. KINKAID, JR., JUDGE

_______________________________

Before CAMPBELL and HANCOCK and PIRTLE, JJ.

MEMORANDUM OPINION

Relator, Ricky Meals, an inmate proceeding pro se and in forma pauperis, seeks

a writ of mandamus to compel Debra Smith, Official Court Reporter for the 64th District

Court of Hale County, Texas, to provide him with a copy of the reporter’s record of plea

proceedings in trial court cause number B 17074-0701. We dismiss this proceeding for

want of jurisdiction.

This Court has the authority to issue writs of mandamus necessary to (1) enforce

our jurisdiction, (2) against a judge of a district or county court in our district, or (3) against a district judge who is acting as a magistrate at a court of inquiry under chapter

52 of the Texas Code of Criminal Procedure. See TEX. GOV'T CODE ANN. ' 22.221(a)

and (b) (WEST 2004). Additionally, a writ of mandamus is an order directed personally

to the respondent. In re Roseland Oil & Gas, Inc., 68 S.W.3d 784, 786 (Tex.App.--

Eastland 2001, orig. proceeding). The named Respondent herein, Debra Smith, is the

Official Court Reporter for the 64th District Court of Hale County, not an official over

which this Court has authority. Consequently, this Court has no jurisdiction to consider

a request for mandamus relief against Ms. Smith.

Accordingly, Relator's application for mandamus relief is dismissed for want of

jurisdiction.

Patrick A. Pirtle Justice