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In re Brown

Court of Appeals of Texas, Twelfth District, Tyler
Jun 30, 2005
No. 12-05-00196-CV (Tex. App. Jun. 30, 2005)

Opinion

No. 12-05-00196-CV

Opinion Delivered June 30, 2005.

Original Proceeding.

Panel consisted of WORTHEN, C.J., GRIFFITH, J., and DEVASTO, J.


MEMORANDUM OPINION


Relator Quillon Brown, proceeding pro se and informa pauperis, seeks a writ of mandamus against Janice Staples, in her capacity as District Clerk of Anderson County, Texas. Specifically, Brown requests that Staples be compelled to file his original petition for photostatic copies of all documents and trial records, to provide him with the cause number assigned to his original petition, and to place the petition on the court's docket for judicial review.

A court of appeals has the authority to issue writs of mandamus against a judge of a district or county court in the court of appeals district and all writs necessary to enforce its jurisdiction. Tex. Gov't Code Ann. § 22.221(b) (Vernon 2004-05). In order for a district clerk to fall within our jurisdictional reach, it must be established that the issuance of the writ of mandamus is necessary to enforce our jurisdiction. See id. § 22.221(a), (b); In re Coronado , 980 S.W.2d 691, 692-93 (Tex.App.-San Antonio 1998, orig. proceeding). Relator has not demonstrated that the exercise of our mandamus authority against the respondent is necessary to enforce our jurisdiction. Consequently, we deny the writ of mandamus.


Summaries of

In re Brown

Court of Appeals of Texas, Twelfth District, Tyler
Jun 30, 2005
No. 12-05-00196-CV (Tex. App. Jun. 30, 2005)
Case details for

In re Brown

Case Details

Full title:IN RE: QUILLON BROWN

Court:Court of Appeals of Texas, Twelfth District, Tyler

Date published: Jun 30, 2005

Citations

No. 12-05-00196-CV (Tex. App. Jun. 30, 2005)