in Re Tyrer J Pearson ( 2008 )

IN THE

TENTH COURT OF APPEALS

 

No. 10-08-00434-CR

In re Tyrer J. Pearson

Original Proceeding

MEMORANDUM  Opinion

Relator seeks a writ of mandamus against the District Clerk and District Attorney of Ellis County relating to their alleged failure to issue a bench warrant on Relator’s motion.  The petition for writ of mandamus lacks proof of service.  See Tex. R. App. P. 9.5 (a), (d).  We use Rule 2 to suspend the service requirement of Rule 9.5 and proceed to the merits of the mandamus.  Tex. R. App. P. 2, 9.5.

A court of appeals has no jurisdiction to issue a writ of mandamus against a district clerk or district attorney except to protect its jurisdiction.  See Tex. Gov’t Code Ann. § 22.221(a) (Vernon 2004); In re Bernard, 993 S.W.2d 453, 454 (Tex. App.—Houston [1st Dist.] 1999, orig. proceeding).  Relator’s petition does not allege facts that require us to protect our jurisdiction, so we do not have jurisdiction to decide his request for mandamus relief against the District Clerk or District Attorney.

We dismiss the petition for want of jurisdiction.

                                                                                    BILL VANCE

                                                                                    Justice

Before Chief Justice Gray,

            Justice Vance, and

            Justice Reyna

Petition dismissed

Opinion delivered and filed December 23, 2008

Do not publish

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justify; line-height: 0.388889in">      We notified Appellants by letter dated January 23, 2003 that their appeal appears subject to dismissal for want of jurisdiction. We warned them that the appeal could be dismissed if they did not file a response within ten days thereafter showing grounds for continuing the appeal. See Tex. R. App. P. 42.3(a), 44.3. They have not responded.

      Accordingly, we dismiss their appeal for want of jurisdiction. Appellants shall pay all costs of court in this behalf expended.

                                                                   PER CURIAM

Before Chief Justice Davis,

      Justice Vance, and

      Justice Gray

Appeal dismissed for want of jurisdiction

Opinion delivered and filed March 12, 2003

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