in Re: R. Wayne Johnson, Relator ( 2005 )

NO. 07-05-0173-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL D
MAY 17, 2005
______________________________
IN RE: R. WAYNE JOHNSON,
Relator
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Original Proceeding – Memorandum Opinion
_______________________________
Before QUINN, REAVIS and CAMPBELL, JJ.
Pending before this court is the pro se petition of R. Wayne Johnson (Johnson) for
a writ of mandamus. He asks the court to order Bruce Zeller, the warden supervising the
prison wherein Johnson is housed, to comply “with the rules [sic] forms [sic] the basis of
this suit . . . .” So too does he seek “injunctive relief” and a restraining order against Zeller.
We deny the petition for the following reasons.
Our power to issue a writ of mandamus against anyone other than a judge is quite
limited. That is, we may do so only when necessary to enforce our jurisdiction over a
pending appeal. TEX . GOV 'T CODE ANN . §22.221(a) (Vernon 1988). And, before it can be
said that we are acting to enforce our jurisdiction over a pending appeal, the dispute made
the basis of the relator's application for writ must somehow implicate a pending appeal.
Bush v. Vela, 535 S.W.2d 803, 804 (Tex. Civ. App.–Corpus Christi 1976, orig. proceeding).
Since the subject matter of Johnson's request does not involve a pending appeal, we have
no jurisdiction to issue mandamus against Zeller, a prison warden.
Accordingly, relator's petition for writ of mandamus is denied. TEX . R. APP . P.
52.8(a). Furthermore, because we have denied Johnson’s petition for writ of mandamus,
we deny his request for injunctive relief and for a restraining order as moot.
Brian Quinn
Justice
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