IN RE: Ismael Diaz

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Court of Appeals of Texas, San Antonio.

IN RE: Ismael Diaz

No. 04–14–00797–CR

Decided: November 26, 2014

Sitting: Marialyn Barnard, Justice, Rebeca C. Martinez, Justice, Patricia O. Alvarez, Justice


On November 17, 2014, relator filed a pro se petition for writ of mandamus seeking an order from this court directing the district clerk of Starr County to file relator's motions.   This court does not have jurisdiction to grant the requested relief.   By statute, this court has the authority to issue a writ of mandamus against “a judge of a district or county court in the court of appeals district” and other writs as necessary to enforce our appellate jurisdiction.   See Tex. Gov't Code Ann.. § 22.221(a)-(b) (West 2004);  see also In re Bernard, 993 S.W.2d 453, 454 (Tex. App–Houston [1st Dist.] 1999, orig. proceeding).   We conclude the writ is not necessary to enforce our jurisdiction in this instance.   Accordingly, relator's petition for writ of mandamus is dismissed for lack of jurisdiction.

Additionally, relator requested leave to file the petition for writ of mandamus.   No leave is required to file a petition for writ of mandamus in this court.  Tex. R. App. P.. 52.   Therefore, relator's request for leave to file is denied as moot.


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