Opinion
No. 14-10-00451-CV
Opinion filed June 3, 2010.
Original Proceeding, Writ of Mandamus.
Panel consists of Justices ANDERSON, FROST, and SEYMORE.
MEMORANDUM OPINION
On May 20, 2010, relator, Charles Anthony Allen, Sr., filed a petition for writ of mandamus in this Court. See Tex. Gov't Code Ann. § 22.221 (Vernon 2004); see also Tex. R. App. P. 52. In the petition, relator asks this Court to compel Gay Wells, Grimes County District Clerk, to file relator's complaints and motions.
A court of appeals has no general writ power over a person — other than a judge of a district or county court — unless issuance of the writ is necessary to enforce the court's jurisdiction. See Tex. Gov't Code Ann. § 22.221. A court of appeals has no jurisdiction to issue a writ of mandamus against a district clerk unless necessary to enforce its jurisdiction. In re Washington, 7 S.W.3d 181, 182 (Tex. App.-Houston 1999, orig. proceeding). Relator has not shown that a writ of mandamus directed to the district clerk is necessary to enforce our jurisdiction. Therefore, we do not have jurisdiction to issue a writ of mandamus against the district clerk.
Accordingly, relator's petition for writ of mandamus is dismissed for lack of jurisdiction.