in Re: Jason Zeno

Dismissed and Opinion Filed September 15, 2017
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-17-01078-CV
IN RE JASON ZENO, Relator
Original Proceeding from the 296th Judicial District Court
Collin County, Texas
Trial Court Cause No. 296-5136707
MEMORANDUM OPINION
Before Justices Francis, Brown, and Whitehill
Opinion by Justice Whitehill
In this original proceeding, relator asks this Court to issue a writ directing the district
clerk to file a motion for child support modification and a request to proceed in forma pauperis
that relator purportedly sent to the district clerk for filing.
This Court does not have jurisdiction to issue a writ of mandamus against a district clerk
unless it is necessary to enforce our own jurisdiction. TEX. GOV’T CODE § 22.221(a) (court of
appeals may only issue writ of mandamus against district and county judges or as necessary to
enforce jurisdiction of appellate court); In re Wilkerson, No. 05-16-00322-CV, 2016 WL
1320815, at *1 (Tex. App.—Dallas Apr. 5, 2016, orig. proceeding) (mem. op.) (citing In re
Simpson, 997 S.W.2d 939, 939 (Tex. App.—Waco 1999, orig. proceeding)). Relator has no
appeal pending in this Court and, therefore, our jurisdiction is not in jeopardy.
Accordingly, we dismiss relator’s petition for writ of mandamus for want of jurisdiction.
/Bill Whitehill/
BILL WHITEHILL
JUSTICE
171078F.P05
–2–