Silva v. Klevenhagen

833 S.W.2d 746, 1992 Tex. App. LEXIS 1864, 1992 WL 163309

Opinion

OPINION

PER CURIAM.

Relator, presently confined at the Harris County Jail, filed a pro se application for writ of mandamus seeking an order from this Court directing respondent to provide him with a sleeping bunk, pursuant to a right that relator asserts accrues to him under Tex.Local Gov’t Code Ann. § 351.-013(a) (Vernon 1988).

Because respondent is not a judge of a district or county court in this court of appeals district, and because the issuance of the writ relator seeks is not necessary to enforce the jurisdiction of this Court in a case properly before it, this Court lacks jurisdiction to grant the relief relator seeks. See Tex.Gov’t Code Ann. § 22.-221(a) and (b) (Vernon 1988); see also Welder v. Fritz, 750 S.W.2d 930, 932 (Tex.App.—Corpus Christi 1988, orig. proceeding) (court of appeals has no jurisdiction to issue writ of mandamus to family court master, because master not a district or county court judge).

Relator’s motion for leave to file petition for writ of mandamus is OVERRULED.