Opinion
No. 01-06-00232-CV
Opinion issued May 4, 2006.
Original Proceeding on Petition for Writ of Mandamus.
Panel consists of Justices NUCHIA, KEYES, and HANKS.
MEMORANDUM OPINION
Relator Michael Kennedy filed a petition for a writ of mandamus, complaining of Judge Don Taylor's alleged refusal to set a trial date or rule on a motion for a default judgment. Relator's underlying complaint appears to arise out of grievance proceedings at the Texas Department of Criminal Justice.
The Honorable Don Taylor, judge of the County Court at Law of Liberty County, Texas. Relator claims the underlying lawsuit is in case number CV46797, but after contacting the district clerk, the Clerk of this Court determined the underlying lawsuit is Kennedy v. Gutierrez, No. CV64979 (253rd Dist. Ct., Liberty County, Tex., filed Dec. 31, 2002). Information from the district clerk indicates that this case has somehow been "assigned" to the county court at law.
Relator has neither paid the required filing fees, nor filed an affidavit of indigence that complies with Texas Rule of Appellate Procedure 20.1(b), but has instead submitted an form "application to proceed in forma pauperis" that is designed for use in federal, not state, court. See Tex.R.App.P. 5 (requiring payment of fees in civil cases); Tex.R.App.P. 20.1(a), (c)(2) (establishing indigence); see also Tex. Gov't Code Ann. §§ 51.207, 51.941(a), 101.041 (Vernon 2005) (listing fees in court of appeals); Fees Civ. Cases B(1), (3) (listing fees in court of appeals).
There is however, a fundamental problem with this original proceeding. We have no jurisdiction to issue a writ of mandamus because Liberty County is not in this Court's court of appeals district. See Tex. Gov't Code Ann. § 22.201(b), 22.221(b) (Vernon 2004 Supp. 2005). Liberty County is in the court of appeals district for the Ninth Court of Appeals. Tex. Gov't Code Ann. § 22.201(j) (Vernon Supp. 2005).
We dismiss for want of jurisdiction the petition for a writ of mandamus.