in Re Billy Holmes ( 2008 )

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed June 10, 2008

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed June 10, 2008.

In The

Fourteenth Court of Appeals

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NO. 14-08-00435-CV

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IN RE BILLY HOLMES, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On May 28, 2008, relator, Billy Holmes, filed a petition for writ of mandamus 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 compel the Clerk of this court to fulfill her ministerial duty to file a previous petition for writ of mandamus. 

Relator states that he mailed a petition for writ of mandamus to this court on April 10, 2008.  We received no petition or any other documents from relator during April 2008, or documents, aside from the current petition, during May 2008. However, on April 15, 2008, relator filed a petition for writ of mandamus in the First Court of Appeals in cause number 01-08-00288-CR.  The respondent in cause number 01-08-00288-CR is the Honorable Jim Wallace, presiding judge of the 263rd District Court of Harris County.  According to the current petition, the respondent in the Aunfiled@ petition is also the presiding judge of the 263rd District Court of Harris County. 

This court does not have jurisdiction to consider a petition for writ of mandamus against itself.  See Tex. Gov=t Code Ann '22.221.  Accordingly, because we do not have jurisdiction, the petition for writ of mandamus is ordered dismissed.

PER CURIAM

Petition Dismissed and Memorandum Opinion filed June 10, 2008.

Panel consists of Justices Yates, Anderson, and Brown.