in Re: Antonio Chavez ( 2015 )

DISMISS; and Opinion Filed December 1, 2015.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-15-01415-CV
IN RE ANTONIO CHAVEZ, Relator
Original Proceeding from the 86th Judicial District Court
Kaufman County, Texas
Trial Court Cause No. 23284-86
MEMORANDUM OPINION
Before Justices Francis, Myers, and Schenck
Opinion by Justice Schenck
In this original proceeding, relator complains that the Kaufman County district clerk has
not filed his pleadings and sent him copies. The Court's power to issue a writ of mandamus is
limited as set forth in section 22.221 of the Texas Government Code. Because the Kaufman
County district clerk is not a judge, we may issue a writ of mandamus to compel action by the
district clerk only to the extent necessary to enforce our jurisdiction. See TEX. GOV’T CODE ANN.
§ 22.221(a), (b) (West 2004) (writ power). The failure of the district clerk to file relator’s
pleadings and send him copies does not implicate our jurisdiction over any pending appeal. In re
Rigsby, No. 12–09–00229–CV, 2009 WL 2767291, at *1 (Tex. App.–Tyler Sept. 2, 2009, orig.
proceeding); In re Wright, No. 14–07–01057–CV, 2008 WL 123904, at *1 (Tex. App.–Houston
[14th Dist.] Jan. 15, 2008, orig. proceeding); In re Hopkins, No. 01–06–00231–CV, 2006 WL
1275081, at *1 (Tex. App.–Houston [1st Dist.] May 11, 2006, orig. proceeding). As a result, we
lack jurisdiction over the petition.
We dismiss the petition for writ of mandamus.
/David J. Schenck/
DAVID J. SCHENCK
JUSTICE
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