In re Cody

Full title: IN RE ROBERT LEE CODY, Relator

Court: Court of Appeals of Texas, Fifth District, Dallas

Date published: Aug 17, 2006

No. 05-06-01015-CV (Tex. App. Aug. 17, 2006)

Opinion

No. 05-06-01015-CV

Opinion issued August 17, 2006.

Original Proceeding from the 194^th Judicial District Court, Dallas County, Texas, Trial Court Cause No. F-0560454.

Writ of Mandamus Dismissed.

Before Justices MOSELEY, BRIDGES, and FRANCIS.

MEMORANDUM OPINION

Opinion By Justice BRIDGES.

Relator seeks mandamus relief against the Dallas District Clerk because he states the clerk will not forward documents related to his application for a writ of habeas corpus to the court of criminal appeals as required by article 11.07 of the code of criminal procedure. We do not have jurisdiction to issue a writ of mandamus against a district clerk unless such writ is necessary to enforce our jurisdiction. See Tex. Gov't Code Ann. § 22.221(a), (b) (Vernon 2004); In re Washington, 7 S.W.3d 181, 182 (Tex.App.-Houston [1^st Dist.] 1999, orig. proceeding). In this case, we have no jurisdiction to enforce because we do not have jurisdiction to issue writs of mandamus in criminal law matters pertaining to proceedings under article 11.07 of the code of criminal procedure. See Tex. Code Crim. Proc. Ann. art. 11.07, § 5 (Vernon 2005); In re McAfee, 53 S.W.3d 715, 718 (Tex.App.-Houston [1^st Dist.] 2001, orig. proceeding). Accordingly, we DISMISS this petition for writ of mandamus.