SILVA v. KLEVENHAGEN

PER CURIAM.

Relator, presently confined at the Harris County Jail, filed a pro se application for writ of mandamus seeking an order from this Court directing respondent to provide him with a sleeping bunk, pursuant to a right that relator asserts accrues to him under TEX.LOCAL GOV'T CODE ANN. Sec. 351.013 LOC. GOV'T.(a) (Vernon 1988).

Because respondent is not a judge of a district or county court in this court of appeals district, and because the issuance of the writ relator seeks is not necessary to enforce the jurisdiction of this Court in a case properly before it, this Court lacks jurisdiction to grant the relief relator seeks. See TEX.GOV'T CODE ANN. Sec. 22.221(a) and (b) (Vernon 1988); see also Welder v. Fritz, 750 S.W.2d 930, 932 (Tex.App.-Corpus Christi 1988, orig. proceeding) (court of appeals has no jurisdiction to issue writ of mandamus to family court master, because master not a district or county court judge).

Relator's motion for leave to file petition for writ of mandamus is OVERRULED.