in Re Lawrence Edward Thompson ( 2008 )

Petition for Writ of Mandamus Dismissed for Want of Jurisdiction, and Motion for Leave to File Petition for Writ of Mandamus Denied as Moot, and Memorandum Opinion filed December 11, 2008

Petition for Writ of Mandamus Dismissed for Want of Jurisdiction, and Motion for Leave to File Petition for Writ of Mandamus Denied as Moot, and Memorandum Opinion filed December 11, 2008.

In The

Fourteenth Court of Appeals

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NO. 14-08-01076-CR

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IN RE LAWRENCE EDWARD THOMPSON, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On November 25, 2008, relator Lawrence Edward Thompson filed a mandamus petition, accompanied by paperwork entitled AMotion for Leave to File Petition for Writ of Mandamus.@  Initially, we note that leave is no longer a prerequisite to the filing of a mandamus petition.  See Tex. R. App. P. 52 cmt.; In re Comeaux, No. 14-07-00364-CV, 2007 WL 1319431, at *1 (Tex. App.CHouston [14th Dist.] May 8, 2007, orig. proceeding) (mem. op.).  The respondent is identified as the Honorable Kenneth H. Keeling, presiding judge of the 278th District Court of Walker County, Texas.  We dismiss the mandamus petition for want of jurisdiction.

When appropriate, we have jurisdiction to issue a writ of mandamus against a district court judge within our appellate district.  See Tex. Gov=t Code Ann. ' 22.221(b)(1) (Vernon 2004).  At one time, Walker County courts were within the Fourteenth Court of Appeals District.^[1]  As of September 1, 2005, however, our appellate district no longer includes Walker County, which is now part of the Tenth Court of Appeals District (Waco).  See Tex. Gov=t Code Ann. ' 22.201(k), (o) (Vernon Supp. 2008). Therefore, we lack jurisdiction to consider relator=s mandamus petition.  See id.; In re Rivers, No. 14-07-00623-CV, 2007 WL 2212799, at *1 (Tex. App.CHouston [14th Dist.] Aug. 3, 2007, orig. proceeding [mand. denied]) (mem. op.).

Accordingly, we dismiss for want of jurisdiction relator=s petition for writ of mandamus in case number 14-08-01076-CR, and all other requests for relief contained in that petition.  We also deny, as moot, relator=s motion for leave to file his mandamus petition.

PER CURIAM

Petition Dismissed for Want of Jurisdiction, Motion for Leave Denied as Moot, and Memorandum Opinion filed, December 11, 2008.

Panel consists of Chief Justice Hedges, Justice Guzman, and Justice Brown.

Do Not Publish.

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            ^[1]  See Act of May 17, 1985, 69th Leg., R.S., ch. 480, ' 1, sec. 22.201, ' 26(1), 1985 Tex. Gen. Laws 1720, 1727 (amended 2005) (current version at Tex. Gov=t Code Ann. ' 22.201(k) (Vernon Supp. 2008)).