Summary
dismissing petition for writ of mandamus against district clerk
Summary of this case from Barton v. Office of Attorney Gen.Opinion
NO. 01-18-01130-CV
01-24-2019
IN RE BRADLEY BARTON, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Bradley Barton, incarcerated and acting pro se, has filed a petition for writ of mandamus requesting that we compel the Harris County District Clerk to provide copies of orders issued by the district court. This Court's mandamus jurisdiction is limited to writs of mandamus against certain judges within its district and writs necessary to enforce the Court's jurisdiction. See TEX. GOV'T CODE § 22.221(a)-(b). We thus have no jurisdiction to issue a writ of mandamus against a district clerk unless necessary to enforce our jurisdiction. See id.; In re Smith, 263 S.W.3d 93, 95 (Tex. App.—Houston [1st Dist.] 2006, orig. proceeding). Because relator's petition does not indicate that issuance of a writ is necessary to enforce our appellate jurisdiction, we lack jurisdiction to issue a writ of mandamus against the district clerk. Accordingly, relator's petition is dismissed for want of jurisdiction.
The underlying case is Office of the Attorney General v. Bradley Jared Barton, cause number 2017-83864, pending in the 309th District Court of Harris County, Texas, the Honorable Linda Marie Dunson presiding.
Relator's complaint regarding failure to receive district court orders should be directed to the district court judge.
PER CURIAM Panel consists of Justices Keyes, Higley, and Landau.