in Re James Dyer ( 2010 )

Petition for Writ of Prohibition Dismissed and Memorandum Opinion filed September 30, 2010.

In The

Fourteenth Court of Appeals

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NO. 14-10-00923-CR

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IN RE JAMES DYER, Relator

ORIGINAL PROCEEDING

WRIT OF PROHIBITION

M E M O R A N D U M   O P I N I O N

            On September 27, 2010, Relator, James Dyer, filed a petition for writ of prohibition and injunction in this court.  See Tex. Gov’t Code Ann §22.221 (Vernon 2004); see also Tex. R. App. P. 52.1.  In his petition, relator seeks to prohibit or enjoin enforcement of orders issued by the Honorable Jan Crocker, presiding judge of the 184th District Court in Harris County. 

Our authority to issue writs of prohibition or injunction is limited to occasions where doing so is necessary to enforce our jurisdiction.  See Tex. Gov’t Code Ann. § 22.221(a); Holloway v. Fifth Court of Appeals, 767 S.W.2d 680, 683 (Tex. 1989) (purpose of writ of injunction is to enforce or protect appellate court’s jurisdiction); In re Garza, 153 S.W.3d 97, 103 (Tex. App.—San Antonio 2004, orig. proceeding) (authority to issue writ of prohibition limited to enforcing appellate jurisdiction).  A writ of prohibition is limited to cases in which he have actual jurisdiction over a pending proceeding.  In re Yates, 193 S.W.3d 151, 152 (Tex. App.—Houston [1st Dist.] 2006, orig. proceeding).  We have no pending proceeding; therefore, our jurisdiction is not implicated in this case. 

In addition, relator has not established that he is entitled to relief. Relator has not included copies of the orders complained of or any other evidence of the trial court’s ruling.  See Tex. R. App. P. 52.3(k) (stating that the petition must contain a certified or sworn copy of order complained of, or other document showing matter complained of); see also Tex. R. App. P. 52.7 (stating that relator must file a certified or sworn copy of every document material to claim for relief and authenticated transcript from any underlying proceeding). 

            Accordingly, the petition for writ of prohibition is ordered dismissed.

                                                            PER CURIAM

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

Do Not Publish — Tex. R. App. P. 47.2(b).