Opinion
NO. 01-21-00011-CV
02-04-2021
IN RE PAUL E. ARCHIE, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Paul E. Archie, has filed a "Motion For Leave to File a Writ of Mandamus," seeking a writ of mandamus to compel Harris County District Clerk Marilyn Burgess to issue citation against underlying defendants.
This Court's mandamus jurisdiction is governed by the Government Code. See TEX. GOV'T CODE § 22.221. A court of appeals may issue writs of mandamus against (1) a judge of a district, statutory county, statutory probate county, or county court in the court of appeals district; (2) a judge of a district court who is acting as a magistrate at a court of inquiry under Chapter 52 of the Code of Criminal Procedure in the court of appeals district; or (3) an associate judge of a district or county court appointed by a judge under Chapter 201 of the Family Code in the court of appeals district for the judge who appointed the associate judge. Id. § 22.221(b). The courts of appeals also may issue all writs necessary to enforce the court of appeals' jurisdiction. Id. § 22.221(a).
We have no jurisdiction to issue a writ of mandamus against a district clerk unless necessary to enforce our jurisdiction. See In re Washington, 7 S.W.3d 181, 182 (Tex. App.—Houston [1st Dist.] 1991, orig. proceeding). Because relator's petition does not raise any threat to our jurisdiction, we dismiss the petition for want of jurisdiction.
PER CURIAM Panel consists of Chief Justice Radack and Justices Kelly and Rivas-Molloy.