in Re: Lee Nichols McNab Miller

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. 14-03-01341-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 1, 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 known and two unknown judges who presided in the 179th District Court, the current and former Harris County District Attorney, an unknown court reporter and agency, the State of Texas and its agents, and all law enforcement agencies.


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 current and former District Attorney, the unknown court reporter or agency, the State of Texas and it agents, or 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 Court, relator claims he has sought and been denied copies of his trial records.  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.