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In re Striblin

Court of Appeals of Texas, Fourth District, San Antonio
Jun 8, 2022
No. 04-22-00304-CR (Tex. App. Jun. 8, 2022)

Opinion

04-22-00304-CR

06-08-2022

IN RE James STRIBLIN


DO NOT PUBLISH

Original Mandamus Proceeding

This proceeding arises out of Cause Nos. 2013CR4270 and 2013CR4271, styled The State of Texas v. James Striblin, and Cause Nos. 2016CR8933, 2016CR8934, and 2016CR8935 styled The State of Texas v. James Edward Striblin, pending in the 186th Judicial District Court, Bexar County, Texas, the Honorable Jefferson Moore presiding.

Rebeca C. Martinez, Chief Justice Patricia O. Alvarez, Justice Beth Watkins, Justice

MEMORANDUM OPINION

Beth Watkins, Justice

On May 19, 2022, relator James Striblin filed a petition for a writ of mandamus seeking to compel the District Clerk of Bexar County, Texas to send him certain documents he requested from the District Clerk's Office via letters file-stamped on March 28, April 18, and May 2, 2022. This court has the authority to issue a writ of mandamus "against a judge of a district or county court in the court of appeals district and other writs as necessary to enforce our appellate jurisdiction." In re Lann, No. 04-04-00564-CV, 2004 WL 1881751, at *1 (Tex. App.-San Antonio Aug. 25, 2004, orig. proceeding) (mem. op.) (citing Tex. Gov't Code Ann. § 22.221) (internal quotations omitted). However, "[w]e have no mandamus jurisdiction over district clerks unless it is shown the issuance of the writ is necessary to enforce our jurisdiction." In re Lopez, No. 04-03-00820-CV, 2003 WL 22658158, at *1 (Tex. App.-San Antonio Nov. 12, 2003, orig. proceeding) (mem. op.). Striblin has made no such allegation or showing that a writ of mandamus is necessary here to enforce this court's jurisdiction.

After considering the petition and the record, this court concludes it is without jurisdiction over this petition. See Tex. Gov't Code Ann. § 22.221. Accordingly, the petition for writ of mandamus is dismissed.

PETITION FOR WRIT OF MANDAMUS DISMISSED FOR WANT OF JURISDICTION


Summaries of

In re Striblin

Court of Appeals of Texas, Fourth District, San Antonio
Jun 8, 2022
No. 04-22-00304-CR (Tex. App. Jun. 8, 2022)
Case details for

In re Striblin

Case Details

Full title:IN RE James STRIBLIN

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Jun 8, 2022

Citations

No. 04-22-00304-CR (Tex. App. Jun. 8, 2022)