in Re: Christopher Alan Luper

DISMISS; and Opinion Filed January 11, 2018.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-17-01489-CV
IN RE CHRISTOPHER ALAN LUPER, Relator
Original Proceeding from the 59th Judicial District Court
Grayson County, Texas
Trial Court Cause No. 062211
MEMORANDUM OPINION
Before Justices Bridges, Fillmore, and Schenck
Opinion by Justice Schenck
A jury convicted relator of aggravated assault with a deadly weapon involving family
violence and sentenced him to 45 years’ confinement. Luper v. State, No. 05-13-01259-CR, 2014
WL 5500088, at *1 (Tex. App.—Dallas Oct. 31, 2014, no pet.). This Court affirmed the
conviction. Id. In this original proceeding, relator seeks a writ ordering the Grayson County
district clerk to “transmit” to this Court a copy of relator’s “Motion for Grand Jury Testimony and
Minutes” and any answers filed in response.
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 this
proceeding for want of jurisdiction.
/David J. Schenck/
DAVID J. SCHENCK
JUSTICE
171489F.P05
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