In Re: R. Wayne Johnson, Relator--Appeal from of County
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NO. 07-05-0173-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL D MAY 17, 2005 ______________________________ IN RE: R. WAYNE JOHNSON, Relator _________________________________ Original Proceeding Memorandum Opinion _______________________________ Before QUINN, REAVIS and CAMPBELL, JJ. Pending before this court is the pro se petition of R. Wayne Johnson (Johnson) for a writ of mandamus. He asks the court to order Bruce Zeller, the warden supervising the prison wherein Johnson is housed, to comply with the rules [sic] forms [sic] the basis of this suit . . . . So too does he seek injunctive relief and a restraining order against Zeller. We deny the petition for the following reasons. Our power to issue a writ of mandamus against anyone other than a judge is quite limited. That is, we may do so only when necessary to enforce our jurisdiction over a pending appeal. TEX . GOV 'T CODE ANN . ยง22.221(a) (Vernon 1988). And, before it can be said that we are acting to enforce our jurisdiction over a pending appeal, the dispute made the basis of the relator's application for writ must somehow implicate a pending appeal. Bush v. Vela, 535 S.W.2d 803, 804 (Tex. Civ. App. Corpus Christi 1976, orig. proceeding). Since the subject matter of Johnson's request does not involve a pending appeal, we have no jurisdiction to issue mandamus against Zeller, a prison warden. Accordingly, relator's petition for writ of mandamus is denied. TEX . R. APP . P. 52.8(a). Furthermore, because we have denied Johnson s petition for writ of mandamus, we deny his request for injunctive relief and for a restraining order as moot. Brian Quinn Justice 2
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