in Re: John Robert Whirty

DISMISS; and Opinion Filed February 6, 2018.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-00071-CV
IN RE JOHN ROBERT WHIRTY, Relator
Original Proceeding from Dallas County, Texas
MEMORANDUM OPINION
Before Justices Francis, Evans, and Schenck
Opinion by Justice Francis
In this original proceeding, relator seeks a writ of mandamus directing Felicia Pitre, Dallas
County District Clerk, to file two motions he says he sent to Dallas County Criminal District Court
Number 2 and the 101st Judicial District Court.
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); In re
Wilkerson, No. 05-16-00322-CV, 2016 WL 1320815, at *1 (Tex. App.—Dallas Apr. 5, 2016, orig.
proceeding) (mem. op.)). 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.
/Molly Francis/
MOLLY FRANCIS
JUSTICE
180071F.P05