in Re Oscar H. Chavez ( 2005 )

Opinion issued February 3, 2005

In The

Court of Appeals

For The  

First District of Texas

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NO. 01-04-01130-CR

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IN RE OSCAR H. CHAVEZ, Relator  

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Original Proceeding on Petition for Writ of Mandamus

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MEMORANDUM OPINION

               Relator, Oscar H. Chavez, filed in this Court a pro se motion for leave to file petition for writ of mandamus and a pro se petition for writ of mandamus, asking that we order respondent to forward a notice of appeal to the appellate court. We grant relator’s motion for leave to file petition for writ of mandamus. However, we deny the petition.

               This Court has mandamus jurisdiction against a district court judge or county court judge in our district, and all writs necessary to enforce our jurisdiction. See Tex. Gov’t Code Ann. § 22.221 (Vernon 2004). We have no authority to issue a writ of mandamus against a district clerk unless such is necessary to enforce our jurisdiction. In re Coronado, 980 S.W.2d 691, 692 (Tex. App.—San Antonio 1998, orig. proceeding). It is appellant’s burden to provide this Court with a sufficient record to establish his right to mandamus relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig. proceeding).

               Relator has not provided us with a sufficient record showing that the trial court entered a judgment or appealable order from which relator filed a notice of appeal that respondent refused to properly forward to an appellate court. See Tex. R. App. P. 25.2(e), 52.3(j).

               Therefore, the petition for writ of mandamus is denied.  

PER CURIAM

Panel consists of Justices Taft, Keyes, and Hanks.

Do not publish. Tex. R. App. P. 47.2(b).