in Re Sean O'Malley

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-19-00343-CV
In re Sean O’Malley
ORIGINAL PROCEEDING FROM BLANCO COUNTY
MEMORANDUM OPINION
Relator, Sean O’Malley, an inmate in the Texas Department of Criminal Justice,
filed a pro se petition for writ of mandamus in this Court. See Tex. Gov’t Code § 22.221; see
also Tex. R. App. P. 52.1. In his petition, O’Malley asks us to issue a writ of mandamus directed
to the Honorable Randy Brodbeck, Justice of the Peace for Precinct 1 of Blanco County.
By statute, this Court has the authority to issue a writ of mandamus against “a
judge of a district, statutory county, statutory probate county, or county court in the court of
appeals district”), see Tex. Gov’t Code § 22.221(b)(1), and other writs as necessary to enforce
our appellate jurisdiction, see id. § 22.221(a). A justice of the peace is not a party against whom
we may issue a writ of mandamus. Nor has O’Malley demonstrated that the exercise of our writ
power is necessary to enforce our jurisdiction. We have no jurisdiction to grant O’Malley
any relief.
Accordingly, we dismiss the petition for want of jurisdiction.
__________________________________________
Edward Smith, Justice
Before Chief Justice Rose, Justices Kelly and Smith
Filed: May 24, 2019
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