in Re Guadalupe Padilla ( 2021 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-21-00623-CV
In re Guadalupe Padilla
ORIGINAL PROCEEDING FROM TRAVIS COUNTY
MEMORANDUM OPINION
Relator Guadalupe Padilla, an inmate in the Texas Department of Criminal
Justice, filed a pro se petition for writ of mandamus. See Tex. Gov’t Code § 22.221; see also
Tex. R. App. P. 52.1. Padilla’s petition requests issuance of a writ of mandamus directed to the
Travis County District Clerk.
However, as an intermediate appellate court, we may issue writs of mandamus
only against a district judge or county judge sitting in our district, or to enforce our jurisdiction.
See Tex. Gov’t Code § 22.221. We lack jurisdiction to issue a writ of mandamus against a
district clerk unless doing so is necessary to enforce our jurisdiction. See id.; In re Washington,
7 S.W.3d 181, 182 (Tex. App.—Houston [1st Dist.] 1999, orig. proceeding); In re Simpson,
997 S.W.2d 939, 939 (Tex. App.—Waco 1999, orig. proceeding); In re Strickhausen,
994 S.W.2d 936, 936 (Tex. App.—Houston [1st Dist.] 1999, orig. proceeding). Here, Padilla
failed to demonstrate that the exercise of our writ power is necessary to enforce our jurisdiction.
Accordingly, the mandamus petition is dismissed for want of jurisdiction.
__________________________________________
Darlene Byrne, Chief Justice
Before Chief Justice Byrne, Justices Triana and Kelly
Filed: December 8, 2021
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