In Re Lance Davis v. the State of Texas

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS

§
No. 08-25-00058-CV
IN RE §
AN ORIGINAL PROCEEDING
LANCE DAVIS, §
IN MANDAMUS
Relator. §

MEMORANDUM OPINION

This is an original proceeding in mandamus. Relator Lance Davis seeks a writ of

mandamus from this Court to instruct the honorable district judge of the United State District Court

for the Western District of Texas (El Paso Division), in cause number EP24CV0105, to issue a

ruling on a pending motion to dismiss. For the reason stated below, we dismiss the petition for

lack of subject matter jurisdiction.

Before this Court can issue a writ of mandamus, it must have the authority to do so. See In

re Murphy, No. 08-02-00172-CR, 2002 WL 1729945, at *1 (Tex. App.—El Paso July 25, 2002,

no pet.) (citing Greenville v. State, 798 S.W.2d 361, 362–63 (Tex. App.—Beaumont 1990, no

pet.)). In this instance, Davis’s petition does not fall within our mandamus jurisdiction given we
lack supervisory authority over the respondent. See Tex. Gov’t Code Ann. § 22.221 (providing for

the writ power of the Texas Courts of Appeals); In re Murphy, No. 08-02-00172-CR, 2002 WL

1729945 (providing that state courts lack jurisdiction over federal courts); In re Luevano, No. 01-

13-00455-CR, 2013 WL 3243394, at *1 (Tex. App.—Houston [1st Dist.] June 25, 2013, no pet.)

(mem. op.) (per curiam) (same).

For this reason, we dismiss Davis’s petition for writ of mandamus for lack of subject matter

jurisdiction. All pending motions are denied as moot.

GINA M. PALAFOX, Justice

February 4, 2025

Before Salas Mendoza, C.J., Palafox, and Soto, JJ.

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