in Re: Jimmy Lee Sweed

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
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IN RE: No. 08-17-00140-CV
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JIMMY LEE SWEED, AN ORIGINAL PROCEEDING
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RELATOR IN MANDAMUS
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MEMORANDUM OPINION
Relator, Jimmy Lee Sweed, has filed a mandamus petition asking that we issue the writ of
mandamus against Norma Favela, the El Paso County District Clerk. We dismiss the petition for
writ of mandamus for lack of jurisdiction.
A court of appeals has jurisdiction to issue a writ of mandamus against certain judges
within its geographic district. See TEX.GOV’T CODE ANN. § 22.221(b)(1)(West 2004). A court of
appeals also has authority to issue a writ of mandamus if it is necessary to enforce its jurisdiction.
Id. § 22.221(a). Thus, we may issue a writ of mandamus to a district clerk only if he or she
interferes with the court’s jurisdiction. See id. at § 22.221(a); In re Simmonds, 271 S.W.3d 874,
879 (Tex.App.--Waco 2008, orig. proceeding); In re Smith, 263 S.W.3d 93, 95 (Tex.App.--
Houston [1st Dist.] 2006, orig. proceeding); In re Washington, 7 S.W.3d 181, 182 (Tex.App.--
Houston [1st Dist.] 1999, orig. proceeding). Relator does not have any pending appeals before
this Court and he has failed to show that the District Clerk has interfered with the Court’s appellate
jurisdiction. Consequently, we do not have jurisdiction to grant the relief requested. See In re
Bernard, 993 S.W.2d 453, 454 (Tex.App.--Houston [1st Dist.] 1999, orig. proceeding). The
petition for writ of mandamus is dismissed for lack of jurisdiction.
July 26, 2017
ANN CRAWFORD McCLURE, Chief Justice
Before McClure, C.J., Rodriguez, and Palafox, JJ.
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