Opinion
NO. 14-16-00931-CR
12-01-2016
IN RE LEXTER KENNON KOSSIE, Relator
ORIGINAL PROCEEDING WRIT OF MANDAMUS
208th District Court Harris County, Texas
Trial Court Cause No. 0546166
MEMORANDUM OPINION
On November 16, 2016, relator Lexter Kennon Kossie filed a petition for writ of mandamus in this court. See Tex. Gov't Code Ann. § 22.221 (West 2004); see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the clerk of the 208th District Court in Harris County, to file and present relator's petition for writ of habeas corpus to the presiding judge of that court.
This court's mandamus jurisdiction is governed by section 22.221 of the Texas Government Code. Section 22.221 expressly limits the mandamus jurisdiction of the courts of appeals to (1) writs against a district court judge or a county court judge in the court of appeals' district; and (2) all writs necessary to enforce the court of appeals' jurisdiction. Tex. Gov't Code Ann. § 22.221. The clerk of the 208th District Court is not a district court or county court judge in this court's district, and relator has not shown that the issuance of a writ compelling the requested relief is necessary to enforce this court's appellate jurisdiction. Therefore, we do not have jurisdiction to issue a writ of mandamus against the clerk of the 208th District Court.
Accordingly, we dismiss relator's petition for writ of mandamus for lack of jurisdiction.
PER CURIAM Panel consists of Chief Justice Frost and Justices McCally and Brown.
Do Not Publish — Tex. R. App. P. 47.2(b).