in Re Jack Lee King ( 2022 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-22-00835-CV
IN RE Jack Lee KING
Original Proceeding
PER CURIAM
Sitting: Rebeca C. Martinez, Chief Justice
Beth Watkins, Justice
Lori I. Valenzuela, Justice
Delivered and Filed: December 21, 2022
PETITION FOR WRIT OF MANDAMUS DISMISSED FOR WANT OF JURISDICTION
On December 12, 2022, relator Jack Lee King filed a petition for a writ of mandamus
seeking to compel the District Clerk of Bexar County, Texas to file his original petition for
determination of heirship and his motion for leave to proceed in forma pauperis. 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.” In re Lann,
No. 04-04-00564-CV, 2004 WL 1881751, at *1 (Tex. App.—San Antonio Aug. 25, 2004, orig.
proceeding) (mem. op.) (citing TEX. GOV’T CODE ANN. § 22.221) (internal quotations omitted).
However, “[w]e have no mandamus jurisdiction over district clerks unless it is shown the issuance
of the writ is necessary to enforce our jurisdiction.” In re Lopez, No. 04-03-00820-CV, 2003 WL
22658158, at *1 (Tex. App.—San Antonio Nov. 12, 2003, orig. proceeding) (mem. op.). King has
made no showing that a writ of mandamus is necessary here to enforce this court’s jurisdiction.
04-22-00835-CV
After considering the petition and this record, this court concludes it is without jurisdiction
over this petition. See TEX. GOV’T CODE ANN. § 22.221. Accordingly, the petition for writ of
mandamus is dismissed. King’s motion for leave to invoke Texas Rule of Appellate Procedure 2
is dismissed as moot.
PER CURIAM
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