Summary
holding court had no mandamus jurisdiction when relator complained that district clerk refused to file petition because he made no showing that mandamus relief was necessary to enforce appellate court's jurisdiction
Summary of this case from In re P.L.M.Opinion
No. 01-05-00899-CR
Opinion issued November 3, 2005.
Original Proceeding on Petition for Writ of Mandamus.
Panel consists of Justices TAFT, KEYES, and HANKS.
MEMORANDUM OPINION
Relator, Carl Douglas Hayes, has filed a petition for writ of mandamus, complaining, in essence, that the Honorable Charles Bacarisse, the Harris County District Clerk, has refused to file his petition. This Court has no mandamus jurisdiction over the District Clerk under these circumstances, in which relator has made no allegation or showing that mandamus is necessary to enforce our appellate jurisdiction. See TEX. GOV'T CODE ANN. § 22.221 (Vernon 2004). Compare In re Washington, 7 S.W.3d 181, 182 (Tex.App.-Houston [1st Dist.] 1999, orig. proceeding).
Accordingly, we deny the petition for writ of mandamus.