CourtListener 10033187•In Re: Alexis Danielle Ross v. the State of Texas
In Re: Alexis Danielle Ross v. the State of Texas
CourtListener 10033187Txctapp56 ago 2024
Testo completo
DISMISS in part DENY in part and Opinion Filed August 6, 2024
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-24-00919-CV
IN RE ALEXIS DANIELLE ROSS, Relator
Original Proceeding from the County Court at Law No. 7
Collin County, Texas
Trial Court Cause No. 007-02732-2024
MEMORANDUM OPINION
Before Justices Pedersen, III, Smith, and Garcia
Opinion by Justice Pedersen, III
Before the Court is pro se relator’s August 5, 2024 petition for writ of
prohibition. Relator identifies the respondents as being Amy Cundiff, Court
Administrator, County Court at Law No. 7, in Collin County and Vincent Venegoni,
Justice of the Peace, Precinct 4, Collin County. Relator contends that she is facing
an imminent eviction and asks this Court to compel the Justice of the Peace, Precinct
4 and County Court at Law No. 7 to (1) quash a writ of possession issued on August
5, 2024, and (2) cease all proceedings on a motion to dismiss.
To the extent relator seeks a writ of mandamus or writ of prohibition against
a court administrator or justice of the peace, we dismiss relator’s petition for want
of jurisdiction. This Court does not have writ jurisdiction over a justice of the peace
or court administrator unless the justice of the peace or court administrator is
interfering with our appellate jurisdiction. See TEX. GOV’T CODE ANN. § 22.221; see
e.g., In re Gardner, No. 05-19-01087-CV, 2019 WL 4565533, at *1 (Tex. App.—
Dallas Sept. 20, 2019, orig. proceeding) (mem. op.) (dismissing mandamus petition
seeking relief against justice of the peace for want of jurisdiction); cf. In re Cabrera,
No. 05-15-01106-CV, 2015 WL 5692735, at *1 (Tex. App.—Dallas Sept. 29, 2015,
orig. proceeding) (mem. op.) (dismissing for want of jurisdiction mandamus petition
seeking relief against a district clerk). Relator does not identify, and we have not
found, any appeal in this Court relating to relator; thus, our jurisdiction is not in
jeopardy.
To the extent relator asks this Court to issue a writ of mandamus or writ of
prohibition against a judge presiding over County Court at Law No. 7 in Collin
County, we deny relator’s petition. Relator’s petition does not comply with the
Texas Rules of Appellate Procedure in numerous ways.
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See TEX. R. APP. P. 52.3(a)–(c), (d)(2), (f)–(h), (j), (k)(1)(A); TEX. R. APP. P.
52.7(a)(1); In re Medhanealem Eritrean Orthodox Tewahedo Church, No. 05-24-
00638-CV, 2024 WL 2717721, at *1 (Tex. App.—Dallas May 28, 2024, orig.
proceeding) (mem. op.) (“A petition for writ of prohibition must comply with rule
52 of the Texas Rules of Appellate Procedure.”).
/Bill Pedersen, III/
BILL PEDERSEN, III
240919F.P05 JUSTICE
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