in Re: Lee Nichols McNab Miller ( 2003 )

Petition for Writ of Mandamus Dismissed in Part and Denied in Part and Memorandum Opinion filed December 18, 2003

Petition for Writ of Mandamus Dismissed in Part and Denied in Part and Memorandum Opinion filed December 18, 2003.

In The

Fourteenth Court of Appeals

____________

NO. 14-03-01340-CV

____________

IN RE LEE NICHOLS MCNAB MILLER, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On December 1, 2003, relator filed a petition for writ of mandamus in this Court.  See Tex. Gov=t. Code Ann. ' 22.221 (Vernon Supp. 2003); see also Tex. R. App. P. 52.  Relator  seeks relief from the actions of two known judges and two unknown judges who presided in the 179th District Court, the current and former Harris County District Attorney, the State of Texas and its agents, and all law enforcement agencies.

This court is empowered to issue writs of mandamus against judges of district courts, but may not issue writs against other parties unless necessary to enforce our jurisdiction.  Tex. Gov=t Code Ann. ' 22.221(a)-(b) (Vernon Supp. 2003).  Because relator does not allege that the current and former District Attorney, the State of Texas and it agents, or the unspecified law enforcement agencies are interfering with this court=s jurisdiction, we must dismiss the proceeding, as it relates to these parties, for lack of jurisdiction.

As for the judges of the 179th District Court, relator challenges the rulings on pretrial motions and his conviction.  Relator had an adequate remedy by appeal. Accordingly, he is not entitled to mandamus relief.  Accordingly, as the petition concerns judges of the 179th District Court, we deny relator=s petition for writ of mandamus.

PER CURIAM

Petition Dismissed in Part and Denied in Part and Memorandum Opinion filed December 18, 2003.

Panel consists of Justices Yates, Hudson, and Fowler.