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In re Amis

Court of Appeals of Texas
May 23, 2012
No. 04-12-00272-CV (Tex. App. May. 23, 2012)

Opinion

No. 04-12-00272-CV

05-23-2012

IN RE Steven L. AMIS, Relator


MEMORANDUM OPINION


Original Mandamus Proceeding

This original proceeding stems from Bexar County, but does not challenge an order entered in a specific underlying proceeding pending in an identifiable court.

PER CURIAM

Sitting: Catherine Stone, Chief Justice

Sandee Bryan Marion, Justice

Rebecca Simmons, Justice
PETITION FOR WRIT OF MANDAMUS DISMISSED FOR WANT OF JURISDICTION

On May 2, 2012, Relator Steven L. Amis filed a petition for writ of mandamus complaining that the District Clerk of Bexar County has failed to properly file documents requested by the relator. We conclude this court does not have jurisdiction to grant the requested relief.

By statute, this court may only exercise our habeas jurisdiction when confinement results from the violation of an order, judgment, or decree previously made in a civil case. See TEX. GOV'T CODE ANN. § 22.022 (e) (West Supp. 2011). Because the petition for writ of mandamus is directed toward the Bexar Court District Clerk and not a district or county court judge, and does not challenge an order entered in a specific underlying proceeding, the writ is not necessary to enforce this court's jurisdiction. In re Coronado, 980 S.W.2d 691, 692 (Tex. App.—San Antonio 1998, orig. proceeding).

Accordingly, relator's petition for writ of mandamus is DISMISSED FOR LACK OF JURISDICTION.

PER CURIAM DO NOT PUBLISH


Summaries of

In re Amis

Court of Appeals of Texas
May 23, 2012
No. 04-12-00272-CV (Tex. App. May. 23, 2012)
Case details for

In re Amis

Case Details

Full title:IN RE Steven L. AMIS, Relator

Court:Court of Appeals of Texas

Date published: May 23, 2012

Citations

No. 04-12-00272-CV (Tex. App. May. 23, 2012)