Opinion
No. 04-05-00329-CV
Delivered and Filed: June 1, 2005.
This proceeding arises out of Cause No. 3979, styled State of Texas v. Cary A. Wilke, in the 216th Judicial District Court, Gillespie County, Texas, the Honorable Stephen B. Ables presiding.
Petition for Writ of Mandamus Dismissed for Want of Jurisdiction.
Sitting: Sarah B. DUNCAN, Justice, Phylis J. SPEEDLIN, Justice, Rebecca SIMMONS, Justice.
MEMORANDUM OPINION
Cary A. Wilke filed this original proceeding on May 23, 2005, seeking a writ of mandamus against Barbara Meyer, in her capacity as the Gillespie County District Clerk, and Cindy Snider, in her capacity as the official court reporter for the 216th Judicial District Court of Gillespie County, Texas.
This court does not have mandamus jurisdiction over district clerks or court reporters unless it is shown that issuance of the writ is necessary to enforce our jurisdiction. See Tex. Gov't Code Ann. § 22.221(a), (b) (Vernon 2004); In re Simpson, 997 S.W.2d 939 (Tex.App.-Waco 1999, orig. proceeding) (district clerk); In re Strickhausen, 994 S.W.2d 936 (Tex.App.-Houston [1st Dist.] 1999, orig. proceeding) (district clerk and court reporter). Relator has made no such allegation or showing. We therefore dismiss the petition for want of jurisdiction. Relator's application for leave to file the petition for writ of mandamus is denied as moot.
No costs shall be assessed against relator because he is indigent.
The clerk of this court is directed to transmit a copy of this opinion to the attorneys of record, the trial court judge, and the trial court clerk.