in Re Mark A. Metzger

In The



Court of Appeals



Ninth District of Texas at Beaumont



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NO. 09-08-379 CV

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IN RE MARK A. METZGER




Original Proceeding


MEMORANDUM OPINION

Mark A. Metzger filed a petition for a writ of prohibition, in which he asks this Court to prevent the 247th Judicial District Court of Harris County, Texas, from interfering with our jurisdiction in two appeals currently pending in this Court. Metzger asserts that this Court has jurisdiction to issue a writ of prohibition pursuant to section 22.221(a) of the Government Code. See Tex. Gov't Code Ann. § 22.221(a) (Vernon 2004).

A writ of prohibition may issue to remedy the unlawful interference with the enforcement of an order or judgment of the issuing court. Holloway v. Fifth Court of Appeals, 767 S.W.2d 680, 683 (Tex. 1989). Because Metzger has not demonstrated that the writ must issue to protect this Court's jurisdiction or to remedy the unlawful interference with a judgment of this Court, Metzger has not shown that he is entitled to extraordinary relief. Accordingly, we deny the petition for a writ of prohibition. Likewise, we deny Metzger's request for emergency relief.

PETITION DENIED.

PER CURIAM

Opinion Delivered September 24, 2008

Before McKeithen, C.J., Gaultney and Horton, JJ.