Opinion issued January 5, 2012.
In The
Court of Appeals
For The
First District of Texas
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NO. 01-11-01047-CR
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in re HIGTOWER OBRYANT, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Hightower Obryant, has filed a pro se petition for writ of mandamus, complaining that the respondent, the Honorable Randy Roll, judge of the 179th District Court, has refused to rule on Obryant’s application for a writ of habeas corpus.[1]
“This Court has no authority to issue a writ of mandamus to compel a district court judge to rule on an application for writ of habeas corpus in which the judgment of conviction is final.” In re Champion, No. 01-10-00665-CR, 2010 WL 3365423, at *1 (Tex. App.—Houston [1st Dist.] Aug. 26, 2010, orig. proceeding) (mem. op, not designated for publication) (citing In re McAfee, 53 S.W.3d 715, 718 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding)). Jurisdiction to grant post-conviction habeas corpus relief in felony cases rests exclusively with the Texas Court of Criminal Appeals. Id. (citing Tex. Code Crim. Proc. Ann. art. 11.07, § 3 (West Supp. 2011).
We conclude that we do not have jurisdiction to issue a writ of mandamus against respondent. Accordingly, we dismiss Obryant’s petition for lack of jurisdiction, and we deny all pending motions as moot.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Bland and Huddle.
Do not publish. Tex. R. App. P. 47.2(b).
[1] Relator has identified the underlying case as his application for a writ of habeas corpus, No. 1103584-A, in the 179th District Court of Harris County, Texas.