In Re Luis S. Lagaite, Jr.--Appeal from of County

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NO. 07-09-0312-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL B SEPTEMBER 23, 2009 ______________________________ IN RE: LUIS S. LEGATE, JR. Relator _________________________________ ORIGINAL MANDAMUS PROCEEDING _________________________________ BEFORE QUINN, C.J., and CAMPBELL and HANCOCK, JJ. Pending before the court is a Petition for Writ of Mandamus[,] Plaintiffs [sic] Original Petition of Complaint for the Deliberate Denial of Proper Medical Treatment . . . filed by Luis S. Legate, Jr. Through it, Legate complains about medical treatment he received while incarcerated in a Texas prison. We dismiss the petition. As an appellate court, we have the authority to issue writs of mandamus to protect our jurisdiction and against a district and county court judge. TEX . GOV. CODE ANN . §22.221(a) & (b) (Vernon 2004). The relief sought by Legate is not against a judge. Nor does the underlying dispute implicate a pending appeal. See In re Washington, 7 S.W.3d 181, 182 (Tex. App. Houston [1st Dist.] 1999, no pet.) (holding that an appellate court may issue mandamus to protect its jurisdiction when the relief sought implicates a pending appeal). Thus, we have no jurisdiction over the matter. The petition for writ of mandamus is dismissed. Per Curiam 2

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