In Re: Lee Nichols McNab Miller--Appeal from 179th District Court of Harris County

Petition for Writ of Mandamus Dismissed in Part and Denied in Part and Memorandum Opinion filed December 18, 2003

Petition for Writ of Mandamus Dismissed in Part and Denied in Part and Memorandum Opinion filed December 18, 2003.

In The

Fourteenth Court of Appeals

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NO. 14-03-01350-CV

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IN RE LEE NICHOLS MCNAB MILLER, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M O P I N I O N

On December 2, 2003, relator filed a petition for writ of mandamus in this Court. See Tex. Gov=t. Code Ann. ' 22.221 (Vernon Supp. 2003); see also Tex. R. App. P. 52. Relator seeks relief from the actions of two judges who presided in the 179th District Court, the current and former Harris County District Attorney, and Anumerous unknown enforcement agencies nationwide.@

This court is empowered to issue writs of mandamus against judges of district courts, but may not issue writs against other parties unless necessary to enforce our jurisdiction. Tex. Gov=t Code Ann. ' 22.221(a)-(b) (Vernon Supp. 2003). Because relator does not allege that the District Attorney and the unspecified law enforcement agencies are interfering with this court=s jurisdiction, we must dismiss the proceeding, as it relates to these parties, for lack of jurisdiction.

As to the judges of the 179th District Courts, relator seeks to enforce suppression with expunction of alleged illegally-seized evidence that relator believes could be used against him in future proceedings. Relator has not met his burden of presenting a sufficient record to establish his entitlement to mandamus relief. See Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992). Accordingly, as the petition concerns judges of the 179th District Court, we deny relator=s petition for writ of mandamus.

PER CURIAM

Petition Dismissed in Part and Denied in Part and Memorandum Opinion filed December 18, 2003.

Panel consists of Justices Yates, Hudson, and Fowler.