in Re: Gary Eugene Sims

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
§ No. 08-14-00137-CR
IN RE: GARY EUGENE SIMS,
§ AN ORIGINAL PROCEEDING
Relator.
§ ON PETITION FOR WRIT OF
§ MANDAMUS
MEMORANDUM OPINION
Relator, Gary Eugene Sims, a Texas inmate, has filed a petition for writ of mandamus
against the 282nd District Court of Dallas County, Texas asking that we order the judge of that
court to rule on three motions. We dismiss the mandamus petition for lack of jurisdiction.
A court of appeals has jurisdiction to issue a writ of mandamus against certain judges
within its geographic district. TEX. GOV’T CODE ANN. § 22.221(b)(West 2004). A court of
appeals also has authority to issue a writ of mandamus if it is necessary to enforce its
jurisdiction. Id. § 22.221(a). Thus, we may issue a writ of mandamus against a judge outside of
our district only if it is necessary to enforce the jurisdiction of this Court. Relator does not have
any pending appeals before this Court and he has failed to show that the 282nd District Court has
otherwise interfered with our appellate jurisdiction. Consequently, we dismiss the mandamus
petition for lack of jurisdiction.
GUADALUPE RIVERA, Justice
May 14, 2014
Before McClure, C.J., Rivera, and Rodriguez, JJ.
(Do Not Publish)