Opinion
NO. 14-14-00079-CV
02-11-2014
IN RE JEFFREY K. BROOKS, Relator
Petition for Writ of Mandamus Denied and Memorandum Opinion filed February 11, 2014.
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
434th District Court
Fort Bend County, Texas
Trial Court Cause No. 13-DCV-210430
MEMORANDUM OPINION
On January 23, 2014, relator Jeffrey K. Brooks filed a petition for writ of mandamus in this Court. See Tex. Gov't Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relator asks this Court to compel the Honorable Dianne Wilson, County Clerk of Fort Bend County, "to take some action" on his petition filed in the district court, challenging the Texas Department of Criminal Justice's disciplinary decision.
This Court's mandamus jurisdiction is governed by Section 22.221 of the Texas Government Code. Section 22.221 expressly limits the mandamus jurisdiction of the courts of appeals to: (1) writs against a district court judge or a county court judge in the court of appeals' district, and (2) all writs necessary to enforce the court of appeals' jurisdiction. Tex. Gov't Code Ann. § 22.221. The County Clerk of Fort Bend County is not a district court or county court judge in this Court's district, and relator has not shown that the issuance of a writ compelling the requested relief is necessary to enforce this Court's appellate jurisdiction. Therefore, we do not have jurisdiction to issue a writ of mandamus against the respondent.
Accordingly, relator's petition for writ of mandamus is ordered dismissed for lack of jurisdiction.
PER CURIAM Panel Consists of Chief Justice Frost and Justices Jamison and Wise.