in Re Burnice Birdo ( 1999 )

iIn re Burnice Birdo

  IN THE

TENTH COURT OF APPEALS

No. 10-99-205-CV

IN RE BURNICE BIRDO,

                                                                                              Relator

Original Proceeding

O P I N I O N

      Burnice Birdo, a prisoner in the Texas Department of Criminal Justice, seeks a writ of mandamus compelling the Coryell County District Clerk to file a motion for relief under Rule 306a of the Texas Rules of Civil Procedure. See Tex. R. Civ. P. 306a(4) (Vernon 1998). We dismiss the petition for want of jurisdiction.

      Section 22.221 of the Government Code prescribes the original jurisdiction of the courts of appeals. That section states:

(b) Each court of appeals for a court of appeals district may issue all writs of mandamus, agreeable to the principles of law regulating those writs, against a:

(1) judge of a district or county court in the court of appeals district; or

(2) judge of a district court who is acting as a magistrate at a court of inquiry under Chapter 52, Code of Criminal Procedure, in the court of appeals district.

Tex. Gov’t Code Ann. § 22.221(b) (Vernon Supp. 1998). The Government Code does not confer mandamus jurisdiction over District Clerks upon the courts of appeals. Id.; see HCA Health Servs. Of Tex., Inc. v. Salinas, 838 S.W.2d 246, 248 (Tex. 1992). Accordingly, we dismiss the petition for want of jurisdiction.

PER CURIAM

Before Chief Justice Davis,

      Justice Gray, and

      Chief Justice McDonald (Retired)

Opinion delivered and filed August 11, 1999

Petition dismissed

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