in Re: Transito Jose Rodriguez ( 2008 )


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  •                     In The
    Court of Appeals
    Sixth Appellate District of Texas at Texarkana
    ______________________________
    No. 06-08-00122-CV
    ______________________________
    IN RE: TRANSITO JOSE RODRIGUEZ
    Original Mandamus Proceeding
    Before Morriss, C.J., Carter and Moseley, JJ.
    Memorandum Opinion by Justice Moseley
    MEMORANDUM OPINION
    Transito Jose Rodriguez filed a petition for writ of mandamus complaining of the Gregg
    County District Clerk's alleged failure to issue "any legal notices" regarding an application for habeas
    corpus relief filed by Rodriguez on September 4, 2008. Rodriguez has presented nothing in the way
    of a record to this Court.
    Mandamus is an extraordinary remedy that issues only to correct a clear abuse of discretion
    or violation of a duty imposed by law when no other adequate remedy by law is available. State v.
    Walker, 
    679 S.W.2d 484
    , 485 (Tex. 1984) (orig. proceeding). This Court has the authority to issue
    a writ of mandamus in two instances, the first being when it is necessary to enforce this Court's
    jurisdiction. TEX . GOV 'T CODE ANN . § 22.221(a) (Vernon 2004). It is Rodriguez's burden to
    properly request and show entitlement to the mandamus relief he requests. See generally Johnson
    v. Fourth Dist. Court of Appeals, 
    700 S.W.2d 916
    , 917 (Tex. 1985) (orig. proceeding).
    The second instance in which we have authority to issue a writ of mandamus occurs where
    it is "against a . . . judge of a district or county court in the court of appeals district; or . . . a judge
    of a district court who is acting as a magistrate at a court of inquiry . . . in the court of appeals
    district." TEX . GOV 'T CODE ANN . § 22.221(b) (Vernon 2004). Rodriguez seeks a writ of mandamus
    against a district clerk. Because the clerk is not a proper party to which mandamus relief may be
    brought, we dismiss Rodriguez's petition for writ of mandamus against the Gregg County District
    Clerk for lack of jurisdiction. In re James, No. 06-08-00111-CV, 2008 Tex. App. LEXIS 7689 (Tex.
    2
    App.—Texarkana Oct. 10, 2008, orig. proceeding) (mem. op.); In re Phillips, No. 06-07-00057-CV,
    2007 Tex. App. LEXIS 3128 (Tex. App.—Texarkana Apr. 25, 2007, orig. proceeding) (mem. op.).
    We deny the petition.
    Bailey C. Moseley
    Justice
    Date Submitted:      October 21, 2008
    Date Decided:        October 22, 2008
    3
    

Document Info

Docket Number: 06-08-00122-CV

Filed Date: 10/22/2008

Precedential Status: Precedential

Modified Date: 9/7/2015