Opinion
NO. 01-14-00137-CV
02-27-2014
IN RE MICHAEL WAYNE BARNES, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
On February 12, 2014, the relator, Michael Wayne Barnes, filed a petition for writ of mandamus, seeking to compel the district clerk to provide relator with the clerk's record on indigence related to his appeal currently pending before this Court.
The underlying case is Michael Wayne Barnes v. Harris County Assistant District Attorney Maritza Antu and Court Appointed Defense Counsel Mary C.A. Moore, No. 2013-21008, in the 234th District Court of Harris County Texas, the Honorable Wesley Ward presiding. Relator's appeal pending before this Court is Michael Wayne Barnes v. Harris County Assistant District Attorney Maritza Antu and Court Appointed Defense Counsel Mary C.A. Moore, No. 01-13-00826-CV.
The Court has jurisdiction to issue writs of mandamus against a district court judge or county court judge in our district or we may issue all writs necessary to enforce our jurisdiction. See TEX. GOV'T CODE ANN. § 22.221 (West 2004). The Court does not have jurisdiction to issue a writ of mandamus against a district clerk unless it is necessary to enforce the Court's jurisdiction. See id.; In re Washington, 7 S.W.3d 181, 182 (Tex. App.—Houston [1st Dist.] 1999, orig. proceeding). We do not find that a writ of mandamus is necessary to enforce our jurisdiction in this case.
We note that in a response to a letter filed by relator in his appeal, the Clerk of this Court sent relator a copy of the clerk's record of indigence on February 12, 2014.
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Accordingly, we dismiss the petition for writ of mandamus for want of jurisdiction.
PER CURIAM
Panel consists of Justices Jennings, Higley, and Sharp.