in Re Ismael Diaz

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00797-CR
IN RE Ismael DIAZ
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Delivered and Filed: November 26, 2014
PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION
On November 17, 2014, relator filed a pro se petition for writ of mandamus seeking an
order from this court directing the district clerk of Starr County to file relator’s motions. This court
does not have jurisdiction to grant the requested relief. By statute, this court has the authority to
issue a writ of mandamus against “a judge of a district or county court in the court of appeals
district” and other writs as necessary to enforce our appellate jurisdiction. See TEX. GOV’T CODE
ANN. § 22.221(a)-(b) (West 2004); see also In re Bernard, 993 S.W.2d 453, 454 (Tex. App.—
Houston [1st Dist.] 1999, orig. proceeding). We conclude the writ is not necessary to enforce our
jurisdiction in this instance. Accordingly, relator’s petition for writ of mandamus is dismissed for
lack of jurisdiction.
1
This proceeding arises out of Cause No. 96-CR-170, styled The State of Texas v. Ismael Diaz Jr., pending in the
229th Judicial District Court, Starr County, Texas, the Honorable Ana Lisa Garza presiding.
04-14-00797-CR
Additionally, relator requested leave to file the petition for writ of mandamus. No leave is
required to file a petition for writ of mandamus in this court. TEX. R. APP. P. 52. Therefore, relator’s
request for leave to file is denied as moot.
PER CURIAM
DO NOT PUBLISH
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