in Re Samuel Lyn Reaves ( 2021 )

IN THE
TENTH COURT OF APPEALS
No. 10-21-00133-CR
IN RE SAMUEL LYN REAVES
Original Proceeding
From the 413th District Court
Johnson County, Texas
Trial Court No. F49661
MEMORANDUM OPINION
Relator, Samuel Lyn Reaves, a prison inmate, requests that this Court issue a writ
of mandamus directing David R. Lloyd, the District Clerk for Johnson County, to file
relator’s application for writ of habeas corpus, assign ancillary numbers, and allow
relator access to the courts as required by the Texas Code of Criminal Procedure. As a
Court of Appeals, we have no jurisdiction to compel a district clerk to act except to enforce
our jurisdiction. See TEX. GOV'T CODE § 22.221(a), (b). Relator has not alleged any need
for this Court to enforce that jurisdiction.
Accordingly, relator’s application for writ of mandamus, filed on June 14, 2021, is
dismissed for want of jurisdiction.
Relator also presented with his petition a motion for leave to file his petition for
writ of mandamus. A motion for leave to file a petition for writ of mandamus is required
when relief by mandamus is sought from the Court of Criminal Appeals. TEX. R. APP. P.
72.1. The requirement for leave to file a petition for writ of mandamus at the court of
appeals level was eliminated in 1997. See TEX. R. APP. P. 52, Notes and Comments. Thus,
under the applicable rules, a motion for leave to file the petition is unnecessary if
mandamus relief is sought from an intermediate court of appeals, such as this Court. The
petition was filed without regard to the motion for leave to file it. Accordingly, the motion
for leave to file a petition for writ of mandamus is dismissed as moot. See In re Dawson,
10-19-00427-CR, 2019 Tex. App. LEXIS 10725 (Tex. App.—Waco Dec. 11, 2019, orig.
proceeding) (not designated for publication).
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Johnson, and
Justice Davis 1
Petition dismissed
Motion dismissed
Opinion delivered and filed June 30, 2021
Do not publish
[OT06]
1
The Honorable Rex Davis, Senior Justice of the Tenth Court of Appeals, sitting by assignment of the Chief
Justice of the Texas Supreme Court. See TEX. GOV'T CODE §§ 74.003, 75.002, 75.003.
In re Reaves Page 2