In Re: Roque T. Aranda--Appeal from of County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

IN RE: ROQUE T. ARANDA,

Relator.

No. 08-04-00134-CV

AN ORIGINAL PROCEEDING

IN MANDAMUS

MEMORANDUM OPINION

Relator Roque T. Aranda has filed an Extraordinary Writ of Mandamus or in the Alternative Timely Appeal. His complaints arise from the removal to federal court of a suit he filed in a Gaines County state court.

We have jurisdiction to issue writs of mandamus against judges of district or county courts in our district. Tex. Gov t Code Ann. 22.221(b) (Vernon 2004). We may issue the writ against other state officials only if necessary to enforce our jurisdiction. See id. 22.221(a). This statute does not grant this Court any authority to issue a writ against a federal judge. Moreover, Gaines County is not in our district, see id. 22.201(i),(l), and Relator has not shown that issuing the writ is necessary to enforce our jurisdiction. Accordingly, we do not have jurisdiction to issue a writ of mandamus against the Gaines County state judge or the federal judge. And, because Gaines County is not in our district, we do not have jurisdiction over any appeal from that county.

For these reasons, the Extraordinary Writ of Mandamus or in the Alternative Timely Appeal is dismissed for lack of jurisdiction.

SUSAN LARSEN, Justice

June 24, 2004

Before Panel No. 1

Larsen, McClure, and Chew, JJ.