DocketNumber: 04-18-00820-CR
Filed Date: 11/7/2018
Status: Precedential
Modified Date: 11/8/2018
Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-18-00820-CR IN RE HENRY T. GARLAND Jr. Original Mandamus Proceeding 1 PER CURIAM Sitting: Karen Angelini, Justice Patricia O. Alvarez, Justice Irene Rios, Justice Delivered and Filed: November 7, 2018 PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION Relator filed a pro se petition for writ of mandamus in which he asks this court to compel the Bexar County Clerk to forward his writs of habeas corpus to this court for a ruling. This court does not have jurisdiction to issue a writ of mandamus against a district or county clerk unless it is necessary to enforce our own jurisdiction. TEX. GOV’T CODE ANN. § 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 Coronado,980 S.W.2d 691
, 692 (Tex. App.—San Antonio 1998, orig. proceeding). Relator does not have an appeal pending in this 1 This proceeding arises out of Cause No. 789989; 789991; 792091; 792093, styled The State of Texas v. Henry T. Garland, Jr., pending in the County Court at Law No. 9, Bexar County, Texas, the Honorable Walden Shelton presiding. 04-18-00820-CR court; therefore, our jurisdiction is not in jeopardy. Accordingly, we dismiss relator’s petition for writ of mandamus for lack of jurisdiction. PER CURIAM DO NOT PUBLISH -2-