in Re Michael Wayne Barnes ( 2014 )

Opinion issued February 27, 2014
In The
Court of Appeals
For The
First District of Texas
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NO. 01-14-00137-CV
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IN RE MICHAEL WAYNE BARNES, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
On February 12, 2014, the relator, Michael Wayne Barnes, filed a petition
for writ of mandamus, seeking to compel the district clerk to provide relator with
the clerk’s record on indigence related to his appeal currently pending before this
Court.1
1
The underlying case is Michael Wayne Barnes v. Harris County Assistant District
Attorney Maritza Antu and Court Appointed Defense Counsel Mary C.A. Moore,
No. 2013-21008, in the 234th District Court of Harris County Texas, the
Honorable Wesley Ward presiding. Relator’s appeal pending before this Court is
The Court has jurisdiction to issue writs of mandamus against a district court
judge or county court judge in our district or we may issue all writs necessary to
enforce our jurisdiction. See TEX. GOV’T CODE ANN. § 22.221 (West 2004). The
Court does not have jurisdiction to issue a writ of mandamus against a district clerk
unless it is necessary to enforce the Court’s jurisdiction. See id.; In re Washington,
7 S.W.3d 181, 182 (Tex. App.—Houston [1st Dist.] 1999, orig. proceeding). We
do not find that a writ of mandamus is necessary to enforce our jurisdiction in this
case.2
Accordingly, we dismiss the petition for writ of mandamus for want of
jurisdiction.
PER CURIAM
Panel consists of Justices Jennings, Higley, and Sharp.
Michael Wayne Barnes v. Harris County Assistant District Attorney Maritza Antu
and Court Appointed Defense Counsel Mary C.A. Moore, No. 01-13-00826-CV.
2
We note that in a response to a letter filed by relator in his appeal, the Clerk of this
Court sent relator a copy of the clerk’s record of indigence on February 12, 2014.
2