In re Cesar Calderon, Relator--Appeal from Justice of the Peace of Kinney County

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i i i i i i MEMORANDUM OPINION No. 04-10-00480-CR IN RE Cesar CALDERON Original Mandamus Proceeding1 PER CURIAM Sitting: Catherine Stone, Chief Justice Phylis J. Speedlin, Justice Marialyn Barnard, Justice Delivered and Filed: July 14, 2010 PETITION FOR WRIT OF INJUNCTION DISMISSED FOR LACK OF JURISDICTION On June 28, 2010, relator Cesar Calderon filed a petition entitled Motion for Injunctive Relief and a Motion to Compel, which we construe as a petition for writ of injunction. Relator complains the justice court has failed to adjudicate and/or dismiss four charges against him. By statute, this court only has the authority to issue a writ 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) (Vernon 2004). Therefore, we have no mandamus jurisdiction over a justice of the peace unless the issuance of the writ is necessary to enforce our jurisdiction. We conclude the writ relator is requesting is not necessary to enforce our 1 ¦ This proceeding arises out of Cause Nos. 2006-075685, 2006-076219, 2007-082159, 2008-083333, in the Justice of the Peace, Kinney County, Texas, the Honorable Narce D. Villareal presiding. 04-10-00480-CR jurisdiction. Accordingly, relator s petition for writ of injunction is DISMISSED FOR LACK OF JURISDICTION. PER CURIAM DO NOT PUBLISH -2-

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