in Re Timothy N. Middleton, Relator ( 2012 )

MEMORANDUM OPINION
No. 04-12-00332-CR
IN RE Timothy N. MIDDLETON
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Sandee Bryan Marion, Justice
Rebecca Simmons, Justice
Delivered and Filed: June 20, 2012
PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION
On May 29, 2012, Relator Timothy N. Middleton filed a petition for writ of mandamus,
seeking to compel the district clerk of Bandera County, Texas, to produce a criminal complaint
and the attached jurat. However, this court does not have jurisdiction to grant the requested
relief. By statute, this court has the authority to issue a writ of mandamus against “a judge of a
district or county court in the court of appeals district” and other writs as necessary to enforce
our appellate jurisdiction. See TEX. GOV’T CODE ANN. § 22.221(a)-(b) (West 2004). We
1
This proceeding arises out of Cause No. 2796-04, styled State of Texas v. Timothy N. Middleton, pending in the
216th Judicial District Court, Bandera County, Texas, the Honorable N. Keith Williams presiding.
04-12-00332-CR
conclude the writ is not necessary to enforce our jurisdiction. Accordingly, Relator’s petition for
writ of mandamus is dismissed for lack of jurisdiction. TEX. R. APP. P. 52.8(a).
PER CURIAM
DO NOT PUBLISH
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