DocketNumber: 10-19-00369-CR
Filed Date: 10/30/2019
Status: Precedential
Modified Date: 10/31/2019
IN THE TENTH COURT OF APPEALS No. 10-19-00369-CR IN RE MICHAEL ANTHONY MOORE Original Proceeding MEMORANDUM OPINION Relator, Michael Anthony Moore, has filed a petition for writ of mandamus seeking to compel Brazos County District Clerk Gabriel Garcia to provide him with various documents from his criminal trial, including an “affidavit in support of felony information,” a “waiver of indictment,” a “felony of information,” an “arrest warrant,” “docket sheets,” and “criminal docket sheets.” A court of appeals has no jurisdiction to issue a writ of mandamus against a district clerk, except to protect or enforce its jurisdiction. See TEX. GOV’T CODE ANN. § 22.221 (West 2004); In re Simmonds,271 S.W.3d 874
, 879 (Tex. App.—Waco 2008, orig. proceeding). We do not have jurisdiction to decide Moore’s mandamus proceeding against the district clerk. See TEX. GOV’T CODE ANN. § 22.221; see also In reSimmonds, 271 S.W.3d at 879
. Accordingly, we dismiss Moore’s mandamus petition for want of jurisdiction. JOHN E. NEILL Justice Before Chief Justice Gray, Justice Davis, and Justice Neill Petition dismissed Opinion delivered and filed October 30, 2019 Do not publish [OT06] In re Moore Page 2