in Re: Robert Hernandez Miller, Relator ( 2003 )

NO. 07-03-0166-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
APRIL 11, 2003
______________________________
IN RE ROBERT H. MILLER, RELATOR
_________________________________
Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ.
MEMORANDUM OPINION
Robert H. Miller has filed a pleading denominated as Appellant’s Motion to Compel
the State to File, Process and Respond to Appellant’s Application for Writ of Habeas
Corpus, to Stop Denying Appellant Access to the Courts and Justice. He seeks an order
directing the district clerk of Lynn County to file and process an application for writ of
habeas corpus which Miller allegedly filed with the clerk on January 25, 2003. Miller does
not urge in his motion that he is appealing from an order or other action of a trial court.
Thus, we consider his motion as an original proceeding seeking a writ of mandamus
directing the district clerk of Lynn County to perform certain actions.
Miller’s motion does not comply with TEX . R. APP. P. 52.2, 52.3 or 52.7. Moreover,
the motion does not seek to invoke this court’s appellate jurisdiction or to protect this
court’s jurisdiction. We do not have authority to issue mandamus directed to the clerk
under the facts and circumstances alleged. See TEX . GOV’T . CODE ANN . § 22.221.
We deny the motion. TEX . R. APP. P. 42.3.
Phil Johnson
Chief Justice
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