in Re Cesar Calderon, Relator ( 2010 )

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MEMORANDUM OPINION
No. 04-10-00480-CR
IN RE Cesar CALDERON
Original Mandamus Proceeding1
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Phylis J. Speedlin, Justice
Marialyn Barnard, Justice
Delivered and Filed: July 14, 2010
PETITION FOR WRIT OF INJUNCTION DISMISSED FOR LACK OF JURISDICTION
On June 28, 2010, relator Cesar Calderon filed a petition entitled “Motion for Injunctive
Relief and a Motion to Compel,” which we construe as a petition for writ of injunction. Relator
complains the justice court has failed to adjudicate and/or dismiss four charges against him.
By statute, this court only has the authority to issue a writ 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) (Vernon 2004). Therefore, we have no
mandamus jurisdiction over a justice of the peace unless the issuance of the writ is necessary to
enforce our jurisdiction. We conclude the writ relator is requesting is not necessary to enforce our
1
… This proceeding arises out of Cause Nos. 2006-075685, 2006-076219, 2007-082159, 2008-083333, in the
Justice of the Peace, Kinney County, Texas, the Honorable Narce D. Villareal presiding.
04-10-00480-CR
jurisdiction. Accordingly, relator’s petition for writ of injunction is DISMISSED FOR LACK OF
JURISDICTION.
PER CURIAM
DO NOT PUBLISH
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