Opinion
No. 01-09-00028-CR
Opinion issued January 29, 2009. DO NOT PUBLISH. TEX. R. APP. P. 47.2(b).
Original Proceeding on Petition for Writ of Mandamus.
Panel consists of Justices TAFT, BLAND, and SHARP.
MEMORANDUM OPINION
Relator, Daryle Wayne Fitts, has filed a pro se petition for writ of mandamus in this Court, complaining that respondent Close has not forwarded documents to the Court of Criminal Appeals related to an article 11.07 writ of habeas corpus. See TEX. CODE CRIM. PROC. ANN. art. 11.07 (Vernon Supp. 2008). In his petition, relator requests this Court to make a finding that the respondent has not transmitted documents pertaining to his post-conviction writ of habeas corpus to the Court of Criminal Appeals. Relator also requests this Court to order respondent to send copies of documents related to his writ of habeas corpus to the Court of Criminal Appeals. This Court has mandamus jurisdiction against a district court judge or county court judge in our district, and all writs necessary to enforce our jurisdiction. See TEX. GOV'T CODE ANN. § 22.221 (Vernon 2008). We have no authority to issue a writ of mandamus against a district clerk unless such is necessary to enforce our jurisdiction. See TEX. GOV. CODE ANN. § 22.221 (b) (Vernon Supp. 2008); In re Coronado, 980 S.W.2d 691, 692 (Tex.App. ___ San Antonio 1998, orig. proceeding). While courts of appeals have mandamus jurisdiction in criminal matters, only the Texas Court of Criminal Appeals has jurisdiction in final post-conviction felony proceedings. See TEX. CODE CRIM. PROC. ANN. ART. 11.07 § 3 (Vernon Supp. 2008); In re McAfee, 53 S.W. 3d 715, (Tex.App. ___ Houston [1st Dist.] 2001, no pet.). Because the District Clerk is not a judge, and the acts relator would have her perform do not affect our jurisdiction, we have no jurisdiction to consider it. Accordingly, we dismiss relator's petition for writ of mandamus for lack of jurisdiction.
Respondent is Annie Rebecca Elliot, Fort Bend County District Clerk.